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Syracuse Builders Exchange - Since 1872

Syracuse Builders Exchange - Since 1872Dimetri Wingate Plan Room Manager Lisa Peregoy Assistant Plan Room Manager Monica Noble Administrative Assistant Anne Marie D'Onofrio Administrative

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Page 1: Syracuse Builders Exchange - Since 1872Dimetri Wingate Plan Room Manager Lisa Peregoy Assistant Plan Room Manager Monica Noble Administrative Assistant Anne Marie D'Onofrio Administrative

S y r a c u s e B u i l d e r s E xc h a n g e - Si n c e 1 8 7 2

Page 2: Syracuse Builders Exchange - Since 1872Dimetri Wingate Plan Room Manager Lisa Peregoy Assistant Plan Room Manager Monica Noble Administrative Assistant Anne Marie D'Onofrio Administrative

559 State Fair Blvd

4.9 star rating on google

Syracuse, NY 13204

[email protected] www.clarkrents.com (315)-472-7607

4.5 star rating on Facebook

TORO DINGO TX427W

rent:

$1,890/mo

bUY:

$15,825

FINANCE:

$306/mo

JCB 535-140

rent:

$2,337/mo

bUY:

$48,900

FINANCE:

$945/mo

CAT 289D CTL

rent:

$3,224/mo

bUY:

$50,930

FINANCE:

$985/mo

Cat 308E2 CR

rent:

$4,106/mo

bUY:

$96,900

FINANCE:

$1,873/mo

JLG 450AJ

rent:

$1,737/mo

bUY:

$27,206

FINANCE:

$526/mo

Cat 236B3

rent:

$2,090/mo

bUY:

$30,250

FINANCE:

$585/mo

AUSA D 600 APG

rent:

$2,835/mo

bUY:

$31,225

FINANCE:

$604/mo

CAT 259B3

rent:

$2,664/mo

bUY:

$35,900

FINANCE:

$694/mo

2 FALL 2018 Executive Director’s Message

3 SBE Staff, Officers, and Board of Directors

4 SAFETY PAYS DIVIDENDS: THREE

GENERATIONS OF LOVELL SAFETY MANAGEMENT

8 DANNIBLE & McKEE, llp CELEBRATEs 40th

anniversary

12 getting back to basics: part 1, a

layman’s introduction to surety bonds

16 is your company ready to implement

the new revenue recognition standards?

19 what to ask your broker: important

things you need to know

20 THE EFFECT OF SAFETY PROGRAMS ON A

COMPaNY’S SUCCESs

23 in the wake of the #timesup and

#METOO movements nys has mandated

employers take action

4

8

16

www.syrabex.com Fall 2018 • CONSTRUCTION CONTRACTOR 1

Page 3: Syracuse Builders Exchange - Since 1872Dimetri Wingate Plan Room Manager Lisa Peregoy Assistant Plan Room Manager Monica Noble Administrative Assistant Anne Marie D'Onofrio Administrative

559 State Fair Blvd

4.9 star rating on google

Syracuse, NY 13204

[email protected] www.clarkrents.com (315)-472-7607

4.5 star rating on Facebook

TORO DINGO TX427W

rent:

$1,890/mo

bUY:

$15,825

FINANCE:

$306/mo

JCB 535-140

rent:

$2,337/mo

bUY:

$48,900

FINANCE:

$945/mo

CAT 289D CTL

rent:

$3,224/mo

bUY:

$50,930

FINANCE:

$985/mo

Cat 308E2 CR

rent:

$4,106/mo

bUY:

$96,900

FINANCE:

$1,873/mo

JLG 450AJ

rent:

$1,737/mo

bUY:

$27,206

FINANCE:

$526/mo

Cat 236B3

rent:

$2,090/mo

bUY:

$30,250

FINANCE:

$585/mo

AUSA D 600 APG

rent:

$2,835/mo

bUY:

$31,225

FINANCE:

$604/mo

CAT 259B3

rent:

$2,664/mo

bUY:

$35,900

FINANCE:

$694/mo

2 FALL 2018 Executive Director’s Message

3 SBE Staff, Officers, and Board of Directors

4 SAFETY PAYS DIVIDENDS: THREE

GENERATIONS OF LOVELL SAFETY MANAGEMENT

8 DANNIBLE & McKEE, llp CELEBRATEs 40th

anniversary

12 getting back to basics: part 1, a

layman’s introduction to surety bonds

16 is your company ready to implement

the new revenue recognition standards?

19 what to ask your broker: important

things you need to know

20 THE EFFECT OF SAFETY PROGRAMS ON A

COMPaNY’S SUCCESs

23 in the wake of the #timesup and

#METOO movements nys has mandated

employers take action

4

8

16

www.syrabex.com Fall 2018 • CONSTRUCTION CONTRACTOR 1

Page 4: Syracuse Builders Exchange - Since 1872Dimetri Wingate Plan Room Manager Lisa Peregoy Assistant Plan Room Manager Monica Noble Administrative Assistant Anne Marie D'Onofrio Administrative

Karen BellowsBellows Construction Specialties, LLC

David BowlesDermody, Burke & Brown CPAs, LLC

Lisa BrownsonSafety Source Consultants, Ltd.

Michael CowdenMurnane Building Contractors, Inc.

Karl EngelbrechtBurns Bros.

Anthony Esce United Rentals, Inc.

Edward GrabowskiSt. Joseph’s Hospital Facilities Services

Robert HendersonHenderson-Johnson Co., Inc.

Matthew IrishIrish-Millar Construction, Inc.

Richard LawRobert H. Law, Inc.

Michael MaselliJosall Syracuse, Inc.

www.syrabex.com Fall 2018 • CONSTRUCTION CONTRACTOR 3

The Syracuse Builders Exchange was founded on April 30, 1872, and was known as the Builders Board of Trade. In 1900, the organization changed its name to the Syracuse Builders Exchange. The Syracuse Builders Exchange is the largest Builders Exchange in New York State, serving 985 diverse member firms, and is affiliated with the Building Industry Employers of New York State. As the oldest Builders Exchange in the United States, the Syracuse Builders Exchange has evolved over the past 145 years to become the regional industry leader in gathering and disseminating of important construction information to construction industry employers.

Publishing & Art DirectionCo-Publisher - Michael T. BrigandiCo-Publisher - Richard K. Keene

Art Director - John M. Paone

To reserve your advertising space or inquire about future feature content

please contact us at:

[email protected] [email protected]

Syracuse Builders Exchange6563 Ridings RoadSyracuse, New York, 13206 Ph 315.437.9936Fx [email protected]

Executive DirectorEarl R. Hall

Assistant to the Executive DirectorSafety Training & Education Coordinator

Melissa Gould

General Manager of The Exchange Agency

Lori Browne

Financial ManagerPeggy Thomas

Assistant Financial ManagerBeth Conrad

The Exchange AgencyAccount Manager

Dimetri Wingate

Plan Room ManagerLisa Peregoy

Assistant Plan Room ManagerMonica Noble

Administrative AssistantAnne Marie D'Onofrio

Administrative Assistant, ReceptionistNina Smith

SBE STAFF SBE BOARD OFFICERS

BOARD OF DIRECTORS

Richard Law – First Vice PresidentRobert H. Law, Inc.

Matthew Irish – Second Vice PresidentIrish-Millar Construction, Inc.

Robert Henderson – TreasurerHenderson-Johnson Co., Inc.

Lisa Brownson – SecretarySafety Source Consultants, Ltd.

Barbara McQueeneyAllied Electric, Inc.

Christopher PoliminoAtlas Fence Company

Richard RaulliRaulli & Sons, Inc.

David Rebhahn David A. Rebhahn, Architect

John SchalkEdward Schalk & Son, Inc.

Paul SchneidSchneid Construction Co., Inc.

Eli SmithE. Smith Contractors, LLC

James D. Taylor IIIJ.D. Taylor Construction Corp.

James M. TaylorTaylor & Taylor Enterprises, Inc.

Richard ViauViau Construction Corp.

Craig ZinserlingCRAL Contracting, Inc.

Craig Zinserling – PresidentCRAL Contracting, Inc.

www.couchwhite.com | (518) 426-4600

Couch Whitecounselors and attorneys at law

�perience. Success.Albany, Saratoga Springs, New York City and Hartford, CT

Construction ContractsGovernment Procurement & ContractingConstruction Claims, Liens & Insurance

Mediation, Arbitration & LitigationLabor, Wage & Collective Bargaining

False Claims Act Defense

From Albany to Buffalo,and Plattsburgh to Montauk,

we represent the construction industry inThe Empire State

Historically during cyclical periods of a strong construction market, contractors are focused on their current projects and bidding future work. As summer comes to a close and contractors remain busy wrapping up projects for 2018, the Syracuse Builders Exchange (“SBE”) is preparing to deliver a wide variety of services during our very busy fall and winter seasons.

The Exchange Agency (TEA) is gearing up for open enrollment, assisting contractors in renewing their group insurance plans and providing Medicare educational sessions. Lori Brown and Dimi Wingate are currently working with Builders Exchange members on their 2019 group health, dental, life and disability insurance renewals. In addition, and new beginning in 2018, the TEA has partnered with One Group in offering the most competitive property and casualty insurance policies in the market today. SBE members are encouraged to utilize the expertise of Lori and Dimi in “one stop shopping” your group insurance needs. Please contact Dimi or Lori at (315) 437-9346 or [email protected] to learn how TEA can help your business during the 2019 insurance renewal process.

During the fall and winter months, SBE hosts an extensive offering of free education and safety training classes to the construction industry. This fall we are pleased to continue offering the MWBE Growth Accelerator program, designed to build MWBE capacity in central New York. In addition, the Construction Career Day at the NYS Fairgrounds is always well attended, with 550 diverse high school students participating. Melissa Gould is SBE’s Training Director, responsible for scheduling classes and securing instructors. Please visit the SBE web site at www.syrabex.com, under Education and Safety Training, for a comprehensive list of classes that will be offered periodically throughout the next eight months, or email Melissa at [email protected] for more information.

Social events continue to provide members with opportunities to network with those engaged in the regional construction industry. The annual September clambake is always a huge hit among our members, with over 3,000 guests attending each year. SBE’s Craftsmanship Awards is scheduled for November 2018, with nominations being accepted through the end of September. The always popular “Meet the Generals” event draws a huge crowd each March at the Genesee Grande hotel.

SBE’s “group discount” programs continue to have a big impact on our members, with many members utilizing our blue print ordering service, Sunoco fuel management program, the AT&T and Verizon group program and Lovell Safety Management’s Safety Group 469 workers compensation program. These unique membership programs save employers significant money each year, so please contact Lisa Peregoy or Elizabeth Conrad to learn how your company can take advantage of these services.

The staff at the Syracuse Builders Exchange remains excited about the role we play with many of our member firms. Thank you for the trust and confidence the industry has placed in the region’s only full-service not-for-profit construction industry Association.

Yours very truly, Earl R. Hall, Executive Director

Page 5: Syracuse Builders Exchange - Since 1872Dimetri Wingate Plan Room Manager Lisa Peregoy Assistant Plan Room Manager Monica Noble Administrative Assistant Anne Marie D'Onofrio Administrative

Karen BellowsBellows Construction Specialties, LLC

David BowlesDermody, Burke & Brown CPAs, LLC

Lisa BrownsonSafety Source Consultants, Ltd.

Michael CowdenMurnane Building Contractors, Inc.

Karl EngelbrechtBurns Bros.

Anthony Esce United Rentals, Inc.

Edward GrabowskiSt. Joseph’s Hospital Facilities Services

Robert HendersonHenderson-Johnson Co., Inc.

Matthew IrishIrish-Millar Construction, Inc.

Richard LawRobert H. Law, Inc.

Michael MaselliJosall Syracuse, Inc.

www.syrabex.com Fall 2018 • CONSTRUCTION CONTRACTOR 3

The Syracuse Builders Exchange was founded on April 30, 1872, and was known as the Builders Board of Trade. In 1900, the organization changed its name to the Syracuse Builders Exchange. The Syracuse Builders Exchange is the largest Builders Exchange in New York State, serving 985 diverse member firms, and is affiliated with the Building Industry Employers of New York State. As the oldest Builders Exchange in the United States, the Syracuse Builders Exchange has evolved over the past 145 years to become the regional industry leader in gathering and disseminating of important construction information to construction industry employers.

Publishing & Art DirectionCo-Publisher - Michael T. BrigandiCo-Publisher - Richard K. Keene

Art Director - John M. Paone

To reserve your advertising space or inquire about future feature content

please contact us at:

[email protected] [email protected]

Syracuse Builders Exchange6563 Ridings RoadSyracuse, New York, 13206 Ph 315.437.9936Fx [email protected]

Executive DirectorEarl R. Hall

Assistant to the Executive DirectorSafety Training & Education Coordinator

Melissa Gould

General Manager of The Exchange Agency

Lori Browne

Financial ManagerPeggy Thomas

Assistant Financial ManagerBeth Conrad

The Exchange AgencyAccount Manager

Dimetri Wingate

Plan Room ManagerLisa Peregoy

Assistant Plan Room ManagerMonica Noble

Administrative AssistantAnne Marie D'Onofrio

Administrative Assistant, ReceptionistNina Smith

SBE STAFF SBE BOARD OFFICERS

BOARD OF DIRECTORS

Richard Law – First Vice PresidentRobert H. Law, Inc.

Matthew Irish – Second Vice PresidentIrish-Millar Construction, Inc.

Robert Henderson – TreasurerHenderson-Johnson Co., Inc.

Lisa Brownson – SecretarySafety Source Consultants, Ltd.

Barbara McQueeneyAllied Electric, Inc.

Christopher PoliminoAtlas Fence Company

Richard RaulliRaulli & Sons, Inc.

David Rebhahn David A. Rebhahn, Architect

John SchalkEdward Schalk & Son, Inc.

Paul SchneidSchneid Construction Co., Inc.

Eli SmithE. Smith Contractors, LLC

James D. Taylor IIIJ.D. Taylor Construction Corp.

James M. TaylorTaylor & Taylor Enterprises, Inc.

Richard ViauViau Construction Corp.

Craig ZinserlingCRAL Contracting, Inc.

Craig Zinserling – PresidentCRAL Contracting, Inc.

www.couchwhite.com | (518) 426-4600

Couch Whitecounselors and attorneys at law

�perience. Success.Albany, Saratoga Springs, New York City and Hartford, CT

Construction ContractsGovernment Procurement & ContractingConstruction Claims, Liens & Insurance

Mediation, Arbitration & LitigationLabor, Wage & Collective Bargaining

False Claims Act Defense

From Albany to Buffalo,and Plattsburgh to Montauk,

we represent the construction industry inThe Empire State

Historically during cyclical periods of a strong construction market, contractors are focused on their current projects and bidding future work. As summer comes to a close and contractors remain busy wrapping up projects for 2018, the Syracuse Builders Exchange (“SBE”) is preparing to deliver a wide variety of services during our very busy fall and winter seasons.

The Exchange Agency (TEA) is gearing up for open enrollment, assisting contractors in renewing their group insurance plans and providing Medicare educational sessions. Lori Brown and Dimi Wingate are currently working with Builders Exchange members on their 2019 group health, dental, life and disability insurance renewals. In addition, and new beginning in 2018, the TEA has partnered with One Group in offering the most competitive property and casualty insurance policies in the market today. SBE members are encouraged to utilize the expertise of Lori and Dimi in “one stop shopping” your group insurance needs. Please contact Dimi or Lori at (315) 437-9346 or [email protected] to learn how TEA can help your business during the 2019 insurance renewal process.

During the fall and winter months, SBE hosts an extensive offering of free education and safety training classes to the construction industry. This fall we are pleased to continue offering the MWBE Growth Accelerator program, designed to build MWBE capacity in central New York. In addition, the Construction Career Day at the NYS Fairgrounds is always well attended, with 550 diverse high school students participating. Melissa Gould is SBE’s Training Director, responsible for scheduling classes and securing instructors. Please visit the SBE web site at www.syrabex.com, under Education and Safety Training, for a comprehensive list of classes that will be offered periodically throughout the next eight months, or email Melissa at [email protected] for more information.

Social events continue to provide members with opportunities to network with those engaged in the regional construction industry. The annual September clambake is always a huge hit among our members, with over 3,000 guests attending each year. SBE’s Craftsmanship Awards is scheduled for November 2018, with nominations being accepted through the end of September. The always popular “Meet the Generals” event draws a huge crowd each March at the Genesee Grande hotel.

SBE’s “group discount” programs continue to have a big impact on our members, with many members utilizing our blue print ordering service, Sunoco fuel management program, the AT&T and Verizon group program and Lovell Safety Management’s Safety Group 469 workers compensation program. These unique membership programs save employers significant money each year, so please contact Lisa Peregoy or Elizabeth Conrad to learn how your company can take advantage of these services.

The staff at the Syracuse Builders Exchange remains excited about the role we play with many of our member firms. Thank you for the trust and confidence the industry has placed in the region’s only full-service not-for-profit construction industry Association.

Yours very truly, Earl R. Hall, Executive Director

Page 6: Syracuse Builders Exchange - Since 1872Dimetri Wingate Plan Room Manager Lisa Peregoy Assistant Plan Room Manager Monica Noble Administrative Assistant Anne Marie D'Onofrio Administrative

“When I began working in the business in the early 1990s, we were still following the same formula, but the methods we used were evolving,” said Barry. “I was part of the first generation of college students who used computers and printers instead of typewriters.” As the price of computing power dropped, and the cost of connectivity went down, technology became an important part of running an efficient business. “We needed to invest in a new computing infrastructure in order to drive down costs and to provide more efficient and deeper services to our clients. I brought to the company a knowledge of technology and data science.”

The other major area of innovation in the late 1990s involved medical case management. “As the system evolved, it

4 CONSTRUCTION CONTRACTOR • Fall 2018 www.syrabex.com

Safety Pays Dividends: Three Generations of Lovell Safety Management

afety Management Company, the precursor to Lovell Safety Management Co., LLC, was founded by Jac Lovell in 1936. Jac was a lawyer for the Cleaners and Dyers Board of Trade, the

business association for the laundry industry. He specialized in labor law. In 1936 he was working hard to help that industry navigate the flood of new legislation associated with the New Deal. One of the leaders of the laundry industry happened to mention in passing that Safety Group #34, founded in 1923, was failing. Perhaps Jac wanted to investigate and see if there was anything he could do to help the group?

Safety Group #34 consisted of a group of laundries that all purchased their workers’ compensation insurance from the New York State Insurance Fund. The State Fund “pooled” their premium, and gave all the policies a common anniversary date. The group was charged a small amount for expenses, and then charged for the cost of all their claims. After the claims were paid, if there was money left over, the members of the group were eligible to share in a dividend. Not only was Group #34 not paying dividends, but the group was having trouble meeting their claims obligations. The State Fund was ready to put the group out of business.

Jac investigated the group and studied the workers’ compensation law. He learned that Safety Groups were established to allow employers in a common industry receive insurance coverage at cost. Employers feared that commercial insurance companies would take advantage of the fact that workers’ compensation was mandatory. They

wanted a way to make sure that the only thing they had to pay was the expense of the cost of coverage. Employers did not want to see insurance companies earning underwriting profits at their expense.

Jac quickly understood that the State of New York was offering employers a golden opportunity to set up their own mutual insurance companies using the immense financial resources of the State. Safety Groups had everything going for them: vast economies of scale; low cost of capital; inexpensive reinsurance. With all these advantages, what was going wrong with Group #34?

Jac discovered that the missing element was management. The group had an executive committee of laundry owners that was nominally responsible for its success. But the executive committee members were not insurance professionals. They did not understand underwriting, had no expertise in managing claims, and could not promote safety to the industry. As a result, Group #34 was not selective about who they let join or stay in the group. When losses occurred, there was nobody to make sure that those claims were handled appropriately and aggressively. Finally, the members of the group simply did not understand or appreciate the true cost of continuing unsafe practices. As part of his law practice, Jac offered to try to fix the problems that were ailing Group #34. After just a few years, he was able to turn around the fortunes of Group #34. 82 years later, Lovell Safety Management is still managing Safety Group #34.

What began as a sideline quickly grew to be the focus of his business life. In 1936, the workers’ compensation law was only 23 years old, and there were numerous issues that had yet to be determined. Very quickly, Jac became an expert on all aspects of workers’ compensation, and became an advocate for employers, helping to shape the system and to protect the interests of his clients. He also expanded his practice to cover other industries, like healthcare, manufacturing, and construction. By the 1950s, Safety Management Company was responsible for six groups. The formula he created - careful underwriting, aggressive claims management, and relentless promotion of safety � became an industry standard.

Executing on the formula, however, was never straightforward. The construction industry presented special challenges. Though premiums were high, construction firms

were prone to frequent and severe claims. The nature and culture of the construction industry made it quite resistant to change. First, construction sites presented ever evolving hazards. Unlike factories, or even healthcare facilities, the exposures were difficult to engineer out of the process. As soon as one hazard was abated, progress on the construction site could create several new hazards. Jac also found that construction workers themselves were particularly resistant to changing the way they behaved. Successful application of the safety group management formula to the construction industry was going to take a special kind of ingenuity and creativity.

Fortunately, Jac Lovell was a man ahead of his time: a visionary. “One of my earliest memories of my grandfather involves Ben D. Knees,” said Lovell Safety Management Co., LLC’s current president Barry Lovell. Ben D. Knees was a life-size animatronic robot that Jac Lovell created to try to teach workers the correct way to lift. “It was the late 1960s, and let’s just say that the current state of technological reliability was not quite what it is now. Still, Ben made a strong impression.” When the robot bent over and lifted in the wrong position, bright red lights flashed and sirens blared. “As a kid, I found it scary, but I guess the point was to make a strong statement.”

“From the very beginning, my grandfather understood that safety was the key to everything. Workers would live happier and longer lives, business owners would save money and enjoy higher profits, and he could prosper while providing a valuable service,” said Mr. Lovell. “The problem he faced, and we still face today, is how to convince people to change their behavior.” Ben D. Knees took $20,000 in 1966 dollars to develop, and reflected five years of research and engineering. “When I first began working in the business,” said Lovell, “I saw Ben as a kind of clever piece of theater, or artful promotion. But now I understand the time and the expense involved. If Jac could not find a way to convince construction companies and workers to be safer, then the whole group enterprise was doomed.”

Stephen Lovell, Jac’s son, became president of Lovell Safety Management Co. in 1970. In spite of his success, Jac Lovell always thought of himself as an attorney who specialized in workers’ compensation insurance. “My father Stephen, though also an attorney by training, always thought of himself as a group manager first and foremost. He considered group management to be its own special profession with its own set of skills,” said Lovell.

Stephen had begun his career at Safety Management Company in 1964. Two years later, Jac hired Martin Vulpis to

help out in the office for the summer. Recognizing Martin’s particular skills, Jac eventually steered him to sales. Over the next several decades, both men would oversee slow but steady growth in the number of groups managed and the number of clients served. Figuring out new and innovative ways of applying Jac’s fundamental formula was key to their continued success.

The 1970s were a revolutionary era in workers’ compensation in New York and around the country. In 1970, Richard Nixon signed the OSH Act, giving birth to today’s Occupational Safety and Health Administration, or OSHA. This federal statute had a profound influence on the standards and practices of the construction industry, and gave a serious boost to the professionalization of the safety profession. Two years later, the National Commission on State Workmen’s Compensation Laws released its comprehensive report that lambasted the state workers’ compensation systems, finding them lacking in both process and in benefits. The several dozen recommendations of the report influenced years of legislation in New York. Finally, in 1972, the New York State Court of Appeals issued its Dole v Dow Chemical decision. “It is hard to believe now that third party claims have become such a huge cost driver, but before 1972, workers’ compensation carriers were rarely involved in third party actions,” said Barry Lovell. The Dole decision exponentially increased the potential cost of workers’ compensation claims, allowing employees to effectively sue their employers through third parties. It also increased the complexity and level of expertise required to manage workers’ compensation cases.

“My father was always a long-term thinker. His priority was never the next month or even the next year,” said Barry Lovell. “Like his father Jac, he was not afraid to invest resources in the health of the groups he managed.” This investment took the form of hiring and retaining the best claims, underwriting, and safety professionals. “Those revolutionary moments like the 1970s are the times when creativity and effort really make a difference,” said Barry. “The advent of OSHA made it that much more important for employers to comply with safety standards. Prior to OSHA, we promoted the carrot of the financial, health, and operational benefits of safety. After OSHA, we could also help employers avoid the stick of enforcement.”

Thinking long term also meant making difficult underwriting decisions. “Not every company is cut out for a safety group,” said Barry Lovell. “My father was never afraid to remove a group member if that was in the best interests of the group as a whole. He also never delegated making certain types of underwriting decisions.” This practice continues to this day. “All decisions about who joins the group, who stays in the group, and how renewals are priced are still made by Marty and myself,” said Barry.

“Construction is far and away the most complex type of exposure to underwrite,” said Barry Lovell. “The rules are complicated, and the administrative burden is heavy for both insurers and for construction firms. Getting the details right makes a real difference to the fortunes of a group. People often assume that workers’ compensation insurance is a commodity, and that since all policies must contain the same terms that it does not matter where you purchase your coverage,” said Barry. “But that is particularly untrue for construction companies.”

The structural changes to the system in the 1970s laid the groundwork for significant cost increases during the Mario Cuomo years. Court decisions, administrative practices, and legislative changes posed new challenges. “Prior to the 1980s, we always participated in policy discussions, adding our expertise. It soon became clear that to protect the interests of our group members we would need to take a more active role, and begin to lobby,” said Barry. “My father fought some epic battles in those years, both politically and in the courts. We did not always win, but we were able to limit the damage.”

became clear to us that the early involvement of a medical professional made a huge difference in the outcome of claims,” said Barry. Lovell hired its first nurse-case managers, and began to develop protocols on how to handle cases. “Many companies outsourced case management to firms developed to do that kind of work. We did not see that as a good formula for success. Our nurses literally worked next to our examiners. The key to successful outcomes was to make sure that efforts were coordinated.” These efforts became formalized in Lovell’s early intervention program. Lovell opened offices in Buffalo, Rochester, Syracuse, Albany, White Plains, and Suffolk. “We needed to have our people close to the clients, the State Fund offices, and to the Workers’ Compensation Board hearing locations.”

Lovell’s main office, and the bulk of its employees, have always been in downtown Manhattan. Located six blocks from the World Trade Center, the events of 9/11 left a profound mark on Lovell’s employees. “Everyone has their story of where they were when the planes struck, and how they made their way home that day, after everything shut down. Our building lacked essential services like electricity and telecommunications for weeks. Transportation was difficult. Coming to work was physically and emotionally difficult for many months as downtown struggled to recover.”

“We also had dozens of serious claims to process. Our clients were involved in numerous aspects of the life of the building, from elevator maintenance, to office moving, to the recycling program. Working with the State Insurance Fund, we were able to continue to meet our obligations, even under unprecedented circumstances,” said Barry. “It was the worst incident in New York State since the Triangle fire in 1911.”

In the last few years, Lovell has continued to adapt to the emergence of new communications technologies. Tool box talks can now be streamed on cell phones. More and more daily business is conducted electronically. Zin different places. “We are not opposed to using technology to streamline operations and to make the workers’ compensation system more efficient. But I worry about whether employers’ interests are going to be well served by the Board’s desire

to streamline hearings. Trials need to be conducted in person, and we intend to fight to make sure that employers get a hearing.”

Much has changed over the last 82 years, but the fundamentals of Lovell’s business have remained the same. The formula created by Jac Lovell still serves the interests of its customers, providing comprehensive workers’ compensation coverage at cost. Clients of Lovell have people with the same or greater expertise than the insurance company who work in their interests. All of the underwriting profits belong to the members of the group, not the insurance company. “We are honored and privileged to have been able to provide useful service for so many years,” said Barry Lovell.

For more information contact: Lovell Safety Management Co., LLC , 110 William Street, New York, NY 10038-3935, 212-709-8600 | 1-800-5-LOVELL | www.lovellsafety.com

(L-R) Martin R. Vulpis, Executive Vice President, Barry S. Lovell, President

Page 7: Syracuse Builders Exchange - Since 1872Dimetri Wingate Plan Room Manager Lisa Peregoy Assistant Plan Room Manager Monica Noble Administrative Assistant Anne Marie D'Onofrio Administrative

“When I began working in the business in the early 1990s, we were still following the same formula, but the methods we used were evolving,” said Barry. “I was part of the first generation of college students who used computers and printers instead of typewriters.” As the price of computing power dropped, and the cost of connectivity went down, technology became an important part of running an efficient business. “We needed to invest in a new computing infrastructure in order to drive down costs and to provide more efficient and deeper services to our clients. I brought to the company a knowledge of technology and data science.”

The other major area of innovation in the late 1990s involved medical case management. “As the system evolved, it

4 CONSTRUCTION CONTRACTOR • Fall 2018 www.syrabex.com

Safety Pays Dividends: Three Generations of Lovell Safety Management

afety Management Company, the precursor to Lovell Safety Management Co., LLC, was founded by Jac Lovell in 1936. Jac was a lawyer for the Cleaners and Dyers Board of Trade, the

business association for the laundry industry. He specialized in labor law. In 1936 he was working hard to help that industry navigate the flood of new legislation associated with the New Deal. One of the leaders of the laundry industry happened to mention in passing that Safety Group #34, founded in 1923, was failing. Perhaps Jac wanted to investigate and see if there was anything he could do to help the group?

Safety Group #34 consisted of a group of laundries that all purchased their workers’ compensation insurance from the New York State Insurance Fund. The State Fund “pooled” their premium, and gave all the policies a common anniversary date. The group was charged a small amount for expenses, and then charged for the cost of all their claims. After the claims were paid, if there was money left over, the members of the group were eligible to share in a dividend. Not only was Group #34 not paying dividends, but the group was having trouble meeting their claims obligations. The State Fund was ready to put the group out of business.

Jac investigated the group and studied the workers’ compensation law. He learned that Safety Groups were established to allow employers in a common industry receive insurance coverage at cost. Employers feared that commercial insurance companies would take advantage of the fact that workers’ compensation was mandatory. They

wanted a way to make sure that the only thing they had to pay was the expense of the cost of coverage. Employers did not want to see insurance companies earning underwriting profits at their expense.

Jac quickly understood that the State of New York was offering employers a golden opportunity to set up their own mutual insurance companies using the immense financial resources of the State. Safety Groups had everything going for them: vast economies of scale; low cost of capital; inexpensive reinsurance. With all these advantages, what was going wrong with Group #34?

Jac discovered that the missing element was management. The group had an executive committee of laundry owners that was nominally responsible for its success. But the executive committee members were not insurance professionals. They did not understand underwriting, had no expertise in managing claims, and could not promote safety to the industry. As a result, Group #34 was not selective about who they let join or stay in the group. When losses occurred, there was nobody to make sure that those claims were handled appropriately and aggressively. Finally, the members of the group simply did not understand or appreciate the true cost of continuing unsafe practices. As part of his law practice, Jac offered to try to fix the problems that were ailing Group #34. After just a few years, he was able to turn around the fortunes of Group #34. 82 years later, Lovell Safety Management is still managing Safety Group #34.

What began as a sideline quickly grew to be the focus of his business life. In 1936, the workers’ compensation law was only 23 years old, and there were numerous issues that had yet to be determined. Very quickly, Jac became an expert on all aspects of workers’ compensation, and became an advocate for employers, helping to shape the system and to protect the interests of his clients. He also expanded his practice to cover other industries, like healthcare, manufacturing, and construction. By the 1950s, Safety Management Company was responsible for six groups. The formula he created - careful underwriting, aggressive claims management, and relentless promotion of safety � became an industry standard.

Executing on the formula, however, was never straightforward. The construction industry presented special challenges. Though premiums were high, construction firms

were prone to frequent and severe claims. The nature and culture of the construction industry made it quite resistant to change. First, construction sites presented ever evolving hazards. Unlike factories, or even healthcare facilities, the exposures were difficult to engineer out of the process. As soon as one hazard was abated, progress on the construction site could create several new hazards. Jac also found that construction workers themselves were particularly resistant to changing the way they behaved. Successful application of the safety group management formula to the construction industry was going to take a special kind of ingenuity and creativity.

Fortunately, Jac Lovell was a man ahead of his time: a visionary. “One of my earliest memories of my grandfather involves Ben D. Knees,” said Lovell Safety Management Co., LLC’s current president Barry Lovell. Ben D. Knees was a life-size animatronic robot that Jac Lovell created to try to teach workers the correct way to lift. “It was the late 1960s, and let’s just say that the current state of technological reliability was not quite what it is now. Still, Ben made a strong impression.” When the robot bent over and lifted in the wrong position, bright red lights flashed and sirens blared. “As a kid, I found it scary, but I guess the point was to make a strong statement.”

“From the very beginning, my grandfather understood that safety was the key to everything. Workers would live happier and longer lives, business owners would save money and enjoy higher profits, and he could prosper while providing a valuable service,” said Mr. Lovell. “The problem he faced, and we still face today, is how to convince people to change their behavior.” Ben D. Knees took $20,000 in 1966 dollars to develop, and reflected five years of research and engineering. “When I first began working in the business,” said Lovell, “I saw Ben as a kind of clever piece of theater, or artful promotion. But now I understand the time and the expense involved. If Jac could not find a way to convince construction companies and workers to be safer, then the whole group enterprise was doomed.”

Stephen Lovell, Jac’s son, became president of Lovell Safety Management Co. in 1970. In spite of his success, Jac Lovell always thought of himself as an attorney who specialized in workers’ compensation insurance. “My father Stephen, though also an attorney by training, always thought of himself as a group manager first and foremost. He considered group management to be its own special profession with its own set of skills,” said Lovell.

Stephen had begun his career at Safety Management Company in 1964. Two years later, Jac hired Martin Vulpis to

help out in the office for the summer. Recognizing Martin’s particular skills, Jac eventually steered him to sales. Over the next several decades, both men would oversee slow but steady growth in the number of groups managed and the number of clients served. Figuring out new and innovative ways of applying Jac’s fundamental formula was key to their continued success.

The 1970s were a revolutionary era in workers’ compensation in New York and around the country. In 1970, Richard Nixon signed the OSH Act, giving birth to today’s Occupational Safety and Health Administration, or OSHA. This federal statute had a profound influence on the standards and practices of the construction industry, and gave a serious boost to the professionalization of the safety profession. Two years later, the National Commission on State Workmen’s Compensation Laws released its comprehensive report that lambasted the state workers’ compensation systems, finding them lacking in both process and in benefits. The several dozen recommendations of the report influenced years of legislation in New York. Finally, in 1972, the New York State Court of Appeals issued its Dole v Dow Chemical decision. “It is hard to believe now that third party claims have become such a huge cost driver, but before 1972, workers’ compensation carriers were rarely involved in third party actions,” said Barry Lovell. The Dole decision exponentially increased the potential cost of workers’ compensation claims, allowing employees to effectively sue their employers through third parties. It also increased the complexity and level of expertise required to manage workers’ compensation cases.

“My father was always a long-term thinker. His priority was never the next month or even the next year,” said Barry Lovell. “Like his father Jac, he was not afraid to invest resources in the health of the groups he managed.” This investment took the form of hiring and retaining the best claims, underwriting, and safety professionals. “Those revolutionary moments like the 1970s are the times when creativity and effort really make a difference,” said Barry. “The advent of OSHA made it that much more important for employers to comply with safety standards. Prior to OSHA, we promoted the carrot of the financial, health, and operational benefits of safety. After OSHA, we could also help employers avoid the stick of enforcement.”

Thinking long term also meant making difficult underwriting decisions. “Not every company is cut out for a safety group,” said Barry Lovell. “My father was never afraid to remove a group member if that was in the best interests of the group as a whole. He also never delegated making certain types of underwriting decisions.” This practice continues to this day. “All decisions about who joins the group, who stays in the group, and how renewals are priced are still made by Marty and myself,” said Barry.

“Construction is far and away the most complex type of exposure to underwrite,” said Barry Lovell. “The rules are complicated, and the administrative burden is heavy for both insurers and for construction firms. Getting the details right makes a real difference to the fortunes of a group. People often assume that workers’ compensation insurance is a commodity, and that since all policies must contain the same terms that it does not matter where you purchase your coverage,” said Barry. “But that is particularly untrue for construction companies.”

The structural changes to the system in the 1970s laid the groundwork for significant cost increases during the Mario Cuomo years. Court decisions, administrative practices, and legislative changes posed new challenges. “Prior to the 1980s, we always participated in policy discussions, adding our expertise. It soon became clear that to protect the interests of our group members we would need to take a more active role, and begin to lobby,” said Barry. “My father fought some epic battles in those years, both politically and in the courts. We did not always win, but we were able to limit the damage.”

became clear to us that the early involvement of a medical professional made a huge difference in the outcome of claims,” said Barry. Lovell hired its first nurse-case managers, and began to develop protocols on how to handle cases. “Many companies outsourced case management to firms developed to do that kind of work. We did not see that as a good formula for success. Our nurses literally worked next to our examiners. The key to successful outcomes was to make sure that efforts were coordinated.” These efforts became formalized in Lovell’s early intervention program. Lovell opened offices in Buffalo, Rochester, Syracuse, Albany, White Plains, and Suffolk. “We needed to have our people close to the clients, the State Fund offices, and to the Workers’ Compensation Board hearing locations.”

Lovell’s main office, and the bulk of its employees, have always been in downtown Manhattan. Located six blocks from the World Trade Center, the events of 9/11 left a profound mark on Lovell’s employees. “Everyone has their story of where they were when the planes struck, and how they made their way home that day, after everything shut down. Our building lacked essential services like electricity and telecommunications for weeks. Transportation was difficult. Coming to work was physically and emotionally difficult for many months as downtown struggled to recover.”

“We also had dozens of serious claims to process. Our clients were involved in numerous aspects of the life of the building, from elevator maintenance, to office moving, to the recycling program. Working with the State Insurance Fund, we were able to continue to meet our obligations, even under unprecedented circumstances,” said Barry. “It was the worst incident in New York State since the Triangle fire in 1911.”

In the last few years, Lovell has continued to adapt to the emergence of new communications technologies. Tool box talks can now be streamed on cell phones. More and more daily business is conducted electronically. Zin different places. “We are not opposed to using technology to streamline operations and to make the workers’ compensation system more efficient. But I worry about whether employers’ interests are going to be well served by the Board’s desire

to streamline hearings. Trials need to be conducted in person, and we intend to fight to make sure that employers get a hearing.”

Much has changed over the last 82 years, but the fundamentals of Lovell’s business have remained the same. The formula created by Jac Lovell still serves the interests of its customers, providing comprehensive workers’ compensation coverage at cost. Clients of Lovell have people with the same or greater expertise than the insurance company who work in their interests. All of the underwriting profits belong to the members of the group, not the insurance company. “We are honored and privileged to have been able to provide useful service for so many years,” said Barry Lovell.

For more information contact: Lovell Safety Management Co., LLC , 110 William Street, New York, NY 10038-3935, 212-709-8600 | 1-800-5-LOVELL | www.lovellsafety.com

(L-R) Martin R. Vulpis, Executive Vice President, Barry S. Lovell, President

www.syrabex.com Fall 2018 • CONSTRUCTION CONTRACTOR 5

were prone to frequent and severe claims. The nature and culture of the construction industry made it quite resistant to change. First, construction sites presented ever evolving hazards. Unlike factories, or even healthcare facilities, the exposures were difficult to engineer out of the process. As soon as one hazard was abated, progress on the construction site could create several new hazards. Jac also found that construction workers themselves were particularly resistant to changing the way they behaved. Successful application of the safety group management formula to the construction industry was going to take a special kind of ingenuity and creativity.

Fortunately, Jac Lovell was a man ahead of his time: a visionary. “One of my earliest memories of my grandfather involves Ben D. Knees,” said Lovell Safety Management Co., LLC’s current president Barry Lovell. Ben D. Knees was a life-size animatronic robot that Jac Lovell created to try to teach workers the correct way to lift. “It was the late 1960s, and let’s just say that the current state of technological reliability was not quite what it is now. Still, Ben made a strong impression.” When the robot bent over and lifted in the wrong position, bright red lights flashed and sirens blared. “As a kid, I found it scary, but I guess the point was to make a strong statement.”

“From the very beginning, my grandfather understood that safety was the key to everything. Workers would live happier and longer lives, business owners would save money and enjoy higher profits, and he could prosper while providing a valuable service,” said Mr. Lovell. “The problem he faced, and we still face today, is how to convince people to change their behavior.” Ben D. Knees took $20,000 in 1966 dollars to develop, and reflected five years of research and engineering. “When I first began working in the business,” said Lovell, “I saw Ben as a kind of clever piece of theater, or artful promotion. But now I understand the time and the expense involved. If Jac could not find a way to convince construction companies and workers to be safer, then the whole group enterprise was doomed.”

Stephen Lovell, Jac’s son, became president of Lovell Safety Management Co. in 1970. In spite of his success, Jac Lovell always thought of himself as an attorney who specialized in workers’ compensation insurance. “My father Stephen, though also an attorney by training, always thought of himself as a group manager first and foremost. He considered group management to be its own special profession with its own set of skills,” said Lovell.

Stephen had begun his career at Safety Management Company in 1964. Two years later, Jac hired Martin Vulpis to

help out in the office for the summer. Recognizing Martin’s particular skills, Jac eventually steered him to sales. Over the next several decades, both men would oversee slow but steady growth in the number of groups managed and the number of clients served. Figuring out new and innovative ways of applying Jac’s fundamental formula was key to their continued success.

The 1970s were a revolutionary era in workers’ compensation in New York and around the country. In 1970, Richard Nixon signed the OSH Act, giving birth to today’s Occupational Safety and Health Administration, or OSHA. This federal statute had a profound influence on the standards and practices of the construction industry, and gave a serious boost to the professionalization of the safety profession. Two years later, the National Commission on State Workmen’s Compensation Laws released its comprehensive report that lambasted the state workers’ compensation systems, finding them lacking in both process and in benefits. The several dozen recommendations of the report influenced years of legislation in New York. Finally, in 1972, the New York State Court of Appeals issued its Dole v Dow Chemical decision. “It is hard to believe now that third party claims have become such a huge cost driver, but before 1972, workers’ compensation carriers were rarely involved in third party actions,” said Barry Lovell. The Dole decision exponentially increased the potential cost of workers’ compensation claims, allowing employees to effectively sue their employers through third parties. It also increased the complexity and level of expertise required to manage workers’ compensation cases.

“My father was always a long-term thinker. His priority was never the next month or even the next year,” said Barry Lovell. “Like his father Jac, he was not afraid to invest resources in the health of the groups he managed.” This investment took the form of hiring and retaining the best claims, underwriting, and safety professionals. “Those revolutionary moments like the 1970s are the times when creativity and effort really make a difference,” said Barry. “The advent of OSHA made it that much more important for employers to comply with safety standards. Prior to OSHA, we promoted the carrot of the financial, health, and operational benefits of safety. After OSHA, we could also help employers avoid the stick of enforcement.”

Thinking long term also meant making difficult underwriting decisions. “Not every company is cut out for a safety group,” said Barry Lovell. “My father was never afraid to remove a group member if that was in the best interests of the group as a whole. He also never delegated making certain types of underwriting decisions.” This practice continues to this day. “All decisions about who joins the group, who stays in the group, and how renewals are priced are still made by Marty and myself,” said Barry.

Page 8: Syracuse Builders Exchange - Since 1872Dimetri Wingate Plan Room Manager Lisa Peregoy Assistant Plan Room Manager Monica Noble Administrative Assistant Anne Marie D'Onofrio Administrative

6 CONSTRUCTION CONTRACTOR • Fall 2018 www.syrabex.com

“When I began working in the business in the early 1990s, we were still following the same formula, but the methods we used were evolving,” said Barry. “I was part of the first generation of college students who used computers and printers instead of typewriters.” As the price of computing power dropped, and the cost of connectivity went down, technology became an important part of running an efficient business. “We needed to invest in a new computing infrastructure in order to drive down costs and to provide more efficient and deeper services to our clients. I brought to the company a knowledge of technology and data science.”

The other major area of innovation in the late 1990s involved medical case management. “As the system evolved, it

“Construction is far and away the most complex type of exposure to underwrite,” said Barry Lovell. “The rules are complicated, and the administrative burden is heavy for both insurers and for construction firms. Getting the details right makes a real difference to the fortunes of a group. People often assume that workers’ compensation insurance is a commodity, and that since all policies must contain the same terms that it does not matter where you purchase your coverage,” said Barry. “But that is particularly untrue for construction companies.”

The structural changes to the system in the 1970s laid the groundwork for significant cost increases during the Mario Cuomo years. Court decisions, administrative practices, and legislative changes posed new challenges. “Prior to the 1980s, we always participated in policy discussions, adding our expertise. It soon became clear that to protect the interests of our group members we would need to take a more active role, and begin to lobby,” said Barry. “My father fought some epic battles in those years, both politically and in the courts. We did not always win, but we were able to limit the damage.”

BID AND PERFORMANCE CONTRACT BONDS

(315) 508 4575 www.BONDSEXPRESS.com

Rich Burke, Claims Field Representative, John MacVittie, Safety and Health Consultant, Scott

Harrison, EIP Claim Representative Rochester, Michael D. Jandzinski, Senior Safety and Health Consultant,

Robert J. LaBombard, Assistant Director of Safety-Update, Tom Brown, Claims Examiner

Maureen MacVittie, EIP Claim Representative Syracuse, Bill Neely, District Representative, Dave Natter, District

Representative, Jeanine Deyo, Field Claims Representative, Keenan Dzemidzic, Claims Examiner

Lovell Safety’s Syracuse Group (Top L - Bottom R)

Page 9: Syracuse Builders Exchange - Since 1872Dimetri Wingate Plan Room Manager Lisa Peregoy Assistant Plan Room Manager Monica Noble Administrative Assistant Anne Marie D'Onofrio Administrative

6 CONSTRUCTION CONTRACTOR • Fall 2018 www.syrabex.com

“When I began working in the business in the early 1990s, we were still following the same formula, but the methods we used were evolving,” said Barry. “I was part of the first generation of college students who used computers and printers instead of typewriters.” As the price of computing power dropped, and the cost of connectivity went down, technology became an important part of running an efficient business. “We needed to invest in a new computing infrastructure in order to drive down costs and to provide more efficient and deeper services to our clients. I brought to the company a knowledge of technology and data science.”

The other major area of innovation in the late 1990s involved medical case management. “As the system evolved, it

“Construction is far and away the most complex type of exposure to underwrite,” said Barry Lovell. “The rules are complicated, and the administrative burden is heavy for both insurers and for construction firms. Getting the details right makes a real difference to the fortunes of a group. People often assume that workers’ compensation insurance is a commodity, and that since all policies must contain the same terms that it does not matter where you purchase your coverage,” said Barry. “But that is particularly untrue for construction companies.”

The structural changes to the system in the 1970s laid the groundwork for significant cost increases during the Mario Cuomo years. Court decisions, administrative practices, and legislative changes posed new challenges. “Prior to the 1980s, we always participated in policy discussions, adding our expertise. It soon became clear that to protect the interests of our group members we would need to take a more active role, and begin to lobby,” said Barry. “My father fought some epic battles in those years, both politically and in the courts. We did not always win, but we were able to limit the damage.”

BID AND PERFORMANCE CONTRACT BONDS

(315) 508 4575 www.BONDSEXPRESS.com

Rich Burke, Claims Field Representative, John MacVittie, Safety and Health Consultant, Scott

Harrison, EIP Claim Representative Rochester, Michael D. Jandzinski, Senior Safety and Health Consultant,

Robert J. LaBombard, Assistant Director of Safety-Update, Tom Brown, Claims Examiner

Maureen MacVittie, EIP Claim Representative Syracuse, Bill Neely, District Representative, Dave Natter, District

Representative, Jeanine Deyo, Field Claims Representative, Keenan Dzemidzic, Claims Examiner

Lovell Safety’s Syracuse Group (Top L - Bottom R)

www.syrabex.com Fall 2018 • CONSTRUCTION CONTRACTOR 7

became clear to us that the early involvement of a medical professional made a huge difference in the outcome of claims,” said Barry. Lovell hired its first nurse-case managers, and began to develop protocols on how to handle cases. “Many companies outsourced case management to firms developed to do that kind of work. We did not see that as a good formula for success. Our nurses literally worked next to our examiners. The key to successful outcomes was to make sure that efforts were coordinated.” These efforts became formalized in Lovell’s early intervention program. Lovell opened offices in Buffalo, Rochester, Syracuse, Albany, White Plains, and Suffolk. “We needed to have our people close to the clients, the State Fund offices, and to the Workers’ Compensation Board hearing locations.”

Lovell’s main office, and the bulk of its employees, have always been in downtown Manhattan. Located six blocks from the World Trade Center, the events of 9/11 left a profound mark on Lovell’s employees. “Everyone has their story of where they were when the planes struck, and how they made their way home that day, after everything shut down. Our building lacked essential services like electricity and telecommunications for weeks. Transportation was difficult. Coming to work was physically and emotionally difficult for many months as downtown struggled to recover.”

“We also had dozens of serious claims to process. Our clients were involved in numerous aspects of the life of the building, from elevator maintenance, to office moving, to the recycling program. Working with the State Insurance Fund, we were able to continue to meet our obligations, even under unprecedented circumstances,” said Barry. “It was the worst incident in New York State since the Triangle fire in 1911.”

In the last few years, Lovell has continued to adapt to the emergence of new communications technologies. Tool box talks can now be streamed on cell phones. More and more daily business is conducted electronically. Zin different places. “We are not opposed to using technology to streamline operations and to make the workers’ compensation system more efficient. But I worry about whether employers’ interests are going to be well served by the Board’s desire

to streamline hearings. Trials need to be conducted in person, and we intend to fight to make sure that employers get a hearing.”

Much has changed over the last 82 years, but the fundamentals of Lovell’s business have remained the same. The formula created by Jac Lovell still serves the interests of its customers, providing comprehensive workers’ compensation coverage at cost. Clients of Lovell have people with the same or greater expertise than the insurance company who work in their interests. All of the underwriting profits belong to the members of the group, not the insurance company. “We are honored and privileged to have been able to provide useful service for so many years,” said Barry Lovell.

For more information contact: Lovell Safety Management Co., LLC , 110 William Street, New York, NY 10038-3935, 212-709-8600 | 1-800-5-LOVELL | www.lovellsafety.com

Maggie Blake, Director of Human Resources, Carlos Aleman, Underwriting Manager, Terrence J. Nash, Claims Manager,

Florence Frazier, Office Manager, Roman Broytman, Director of Systems, Joseph Anastasio, Controller, Patricia Geraghty,

WCP, Director of Underwriting

Thomas Doddato, Vice President, Director of Claims, Barry S. Lovell, President, Martin R. Vulpis, Executive Vice President

Susan G. Fahmy, CSP, Vice President, Director of Safety

Page 10: Syracuse Builders Exchange - Since 1872Dimetri Wingate Plan Room Manager Lisa Peregoy Assistant Plan Room Manager Monica Noble Administrative Assistant Anne Marie D'Onofrio Administrative

8 CONSTRUCTION CONTRACTOR • Fall 2018 www.syrabex.com

t a time in local history when CPA firms with no deep ties to any one area were mostly focused on bigger clients and businesses, Syracuse

natives and professional CPA’s Anthony “Tony” Dannible and Lance McKee left their management roles at a national CPA firm to form a business partnership of their own. Specializing in auditing, accounting, income tax and tax planning, their goal was simple and inclusive: take the same business model of the big firms, combine it with the client-first approach of a smaller local firm, and become a strong, regional independent accounting firm in the Central New York area. This basic philosophy not only guided and bolstered Dannible & McKee, LLP since its 1978 inception, it earned the firm a position of long-standing prominence and respect in the city of Syracuse that continues today.

The ‘Construction’ of a New Business A large part of Dannible & McKee’s unparalleled success over the last forty years stems from the original, and subsequent, partners’ unique experiences working in the construction industry prior to becoming certified public accountants and consultants. This personal exposure to the complexities of construction contracting gives them the insight that other firms lack. In fact, a large, Elmira-based construction contractor, who had previously worked with Tony and Lance while at the national firm, hired the new duo and became one of Dannible & McKee’s very first accounts.

“This was a big client for us, which Tony and Lance brought with them,” said current partner Ken Gardiner, referring to the Dannible & McKee founders’ competence in which the client had the utmost confidence. “That transaction became a springboard for the firm’s ongoing development of expertise in the construction industry.” Today, Dannible & McKee still provides tax and accounting services for this client, as well as 90 other construction industry clients.

One of six partners who specializes in the construction industry, Gardiner came on board in 1981 when the firm was just seven employees. Since then, Dannible & McKee has grown to a total of 90 professional and support personnel, including 20 partners, and has evolved into one

of Central New York’s leading CPA firms with offices in Syracuse, Albany and Binghamton. Gardiner was the first person in upstate New York to be given the designation of Certified Construction Industry Financial Professional (CCIFP) and is the past president of Construction Industry CPAs and Consultants (CICPAC).

From the beginning, Dannible and McKee believed that a unique combination of knowledge, expertise, experience, dedication and service could always deliver the best answer; answers that clients could rely on to grow and prosper. This culture originated with the firm’s structure, which defined separate departments for audit services and tax services to best allow their personnel to develop the specialized knowledge and expertise needed in either discipline. Over time, the firm’s leaders also created teams of industry-specific experts within each department to bring even more specialized knowledge to client engagements.

“Individually, we’re not the ‘jack of all trades’—we don’t try and do everything for every type of client,” Gardiner said. Rather, Dannible & McKee has partners and professional staff that specialize in two or three industries. For example, Gardiner concentrates on clients from the construction, architecture and engineering, and manufacturing industries. He also has extensive experience with audits of employee benefit plans.

Hired in 2004, Nicholas Shires is a tax partner who specializes in construction, retail automotive and professional service, and provides strategic tax planning relating to taxation issues that influence these industries. Other partners who concentrate in construction include Joseph Hardick, Joseph Chemotti, Brian Johnson and Benjamin Sumner.

“When you specialize in an industry, then you can go out and build relationships with individuals such as bankers, sureties and insurance agents that also

specialize in that industry,” which ultimately provides the best service from all aspects, Gardiner said.

Digging into the details Described as having Type A personalities, Gardiner said both Dannible and McKee had a knack at working well under pressure. “That’s when their creativity really flourished,” he said. They were committed to “finding that extra nugget of gold,” which an astute Dannible used to say when considering his clients’ tax and accounting needs. Gardiner said the two could dive into details and

surface with resourceful solutions to accounting and tax problems. “That was the strength they brought to the firm when they formed it and they pushed that same commitment and drive out to everyone else while they were still with the firm.”

“I worked closely with Tony for over 10 years,” Shires said. “He was really good at digging into detailed situations and coming up with innovative solutions, especially in the construction industry where there are some things you can do from a tax standpoint to put your clients in a better situation. He was on the forefront of technical research and bringing it to the client’s attention.”

One-on-one approach Dannible & McKee’s No. 1 priority is and always has been the client, which is obvious by its ability to see beyond the numbers and truly understand their clients and the challenges of their client’s business. “We take a management-focused approach,” said Shires. “We put ourselves in the position of the business owner and take a broad view of their entire organization.” This perspective allows the firm to review the financial position of each organization, plan on a year-round basis and generate original insight to successfully plan for the future. “Many times, we even help solve problems before our clients even realize they need to be addressed,” he added.

And unique to its competitors is the partners’ consultative approach. “We don’t leave the planning and digging to other staff. The partners are fully involved in the one-on-one planning,” Gardiner said. And, to each client’s advantage, the firm

assembles a team of experts to work on their behalf. By having multiple points of contact, a client with questions can count on more than just one person to provide an answer because each member of the engagement team is familiar with the client’s situation; they can therefore trust the source.

Commitment to Education, Professional Affiliations and Community Involvement

Throughout the firm’s forty-year history, Dannible & McKee has gone beyond their everyday service to deliver the confidence that their clients and communities need to succeed. Each year, the firm hosts a complimentary construction conference in Syracuse to educate industry professionals on the relevant issues that affect contractors and solutions needed to succeed. This year’s Annual Construction Conference will be held on Dec. 12 at Embassy Suites by Hilton Syracuse Destiny. For registration, or updates on speakers and presentations, visit www.dmcpas.com or call 315-472-9127.

Dannible & McKee is also heavily involved in numerous professional affiliations that offers clients access to a combination of resources, and business and local market knowledge. Those directly related to construction include Construction Financial Management Association (CFMA), Construction Industry CPAs/Consultants Association (CICPAC), Associated Builders and Contractors (ABC), Associated General Contractors of New York State (AGC NYS) and Syracuse Builders Exchange (SBE).

In keeping with its original purpose, the partners and staff of Dannible & McKee share a common interest in serving the needs of the local community. Organizations that which its partners hold board seats or leadership roles include McMahon Ryan Child Advocacy Center, Big Brothers/Big Sisters of Onondaga County, Food Bank of Central New York, Habitat for Humanity, ProLiteracy Worldwide, Greater Syracuse Business Development Corporation (GSBDC) and Sarah’s Guest House. By no means is this list exhaustive. Learn more about their commitment to local philanthropic activity online.

Dannible & McKee, LLP currently serves 10 industries: architecture and engineering; automotive; banking; construction; healthcare; manufacturing; nonprofit; professional service firms; public companies; and retail and wholesale. Its services include accounting; auditing and attestation; business valuation; employee benefit plans; FAR overhead rate audits; forensic accounting; litigation support; management consulting; service organization controls (SOC) services; and tax services. For more information, visit www.dmcpas.com.

Joseph Hardick, CPA, CCIFP, Joseph Chemotti, CPA, CCIFP, Nicholas Shires, CPA, Brian Johnson, CPA, CFE, CCIFP,

Kenneth Gardiner, CPA, CCIFP, CDA, Benjamin Sumner, CPA

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www.syrabex.com Fall 2018 • CONSTRUCTION CONTRACTOR 9

Hired in 2004, Nicholas Shires is a tax partner who specializes in construction, retail automotive and professional service, and provides strategic tax planning relating to taxation issues that influence these industries. Other partners who concentrate in construction include Joseph Hardick, Joseph Chemotti, Brian Johnson and Benjamin Sumner.

“When you specialize in an industry, then you can go out and build relationships with individuals such as bankers, sureties and insurance agents that also

specialize in that industry,” which ultimately provides the best service from all aspects, Gardiner said.

Digging into the details Described as having Type A personalities, Gardiner said both Dannible and McKee had a knack at working well under pressure. “That’s when their creativity really flourished,” he said. They were committed to “finding that extra nugget of gold,” which an astute Dannible used to say when considering his clients’ tax and accounting needs. Gardiner said the two could dive into details and

surface with resourceful solutions to accounting and tax problems. “That was the strength they brought to the firm when they formed it and they pushed that same commitment and drive out to everyone else while they were still with the firm.”

“I worked closely with Tony for over 10 years,” Shires said. “He was really good at digging into detailed situations and coming up with innovative solutions, especially in the construction industry where there are some things you can do from a tax standpoint to put your clients in a better situation. He was on the forefront of technical research and bringing it to the client’s attention.”

One-on-one approach Dannible & McKee’s No. 1 priority is and always has been the client, which is obvious by its ability to see beyond the numbers and truly understand their clients and the challenges of their client’s business. “We take a management-focused approach,” said Shires. “We put ourselves in the position of the business owner and take a broad view of their entire organization.” This perspective allows the firm to review the financial position of each organization, plan on a year-round basis and generate original insight to successfully plan for the future. “Many times, we even help solve problems before our clients even realize they need to be addressed,” he added.

And unique to its competitors is the partners’ consultative approach. “We don’t leave the planning and digging to other staff. The partners are fully involved in the one-on-one planning,” Gardiner said. And, to each client’s advantage, the firm

8 CONSTRUCTION CONTRACTOR • Fall 2018 www.syrabex.com

t a time in local history when CPA firms with no deep ties to any one area were mostly focused on bigger clients and businesses, Syracuse

natives and professional CPA’s Anthony “Tony” Dannible and Lance McKee left their management roles at a national CPA firm to form a business partnership of their own. Specializing in auditing, accounting, income tax and tax planning, their goal was simple and inclusive: take the same business model of the big firms, combine it with the client-first approach of a smaller local firm, and become a strong, regional independent accounting firm in the Central New York area. This basic philosophy not only guided and bolstered Dannible & McKee, LLP since its 1978 inception, it earned the firm a position of long-standing prominence and respect in the city of Syracuse that continues today.

The ‘Construction’ of a New Business A large part of Dannible & McKee’s unparalleled success over the last forty years stems from the original, and subsequent, partners’ unique experiences working in the construction industry prior to becoming certified public accountants and consultants. This personal exposure to the complexities of construction contracting gives them the insight that other firms lack. In fact, a large, Elmira-based construction contractor, who had previously worked with Tony and Lance while at the national firm, hired the new duo and became one of Dannible & McKee’s very first accounts.

“This was a big client for us, which Tony and Lance brought with them,” said current partner Ken Gardiner, referring to the Dannible & McKee founders’ competence in which the client had the utmost confidence. “That transaction became a springboard for the firm’s ongoing development of expertise in the construction industry.” Today, Dannible & McKee still provides tax and accounting services for this client, as well as 90 other construction industry clients.

One of six partners who specializes in the construction industry, Gardiner came on board in 1981 when the firm was just seven employees. Since then, Dannible & McKee has grown to a total of 90 professional and support personnel, including 20 partners, and has evolved into one

of Central New York’s leading CPA firms with offices in Syracuse, Albany and Binghamton. Gardiner was the first person in upstate New York to be given the designation of Certified Construction Industry Financial Professional (CCIFP) and is the past president of Construction Industry CPAs and Consultants (CICPAC).

From the beginning, Dannible and McKee believed that a unique combination of knowledge, expertise, experience, dedication and service could always deliver the best answer; answers that clients could rely on to grow and prosper. This culture originated with the firm’s structure, which defined separate departments for audit services and tax services to best allow their personnel to develop the specialized knowledge and expertise needed in either discipline. Over time, the firm’s leaders also created teams of industry-specific experts within each department to bring even more specialized knowledge to client engagements.

“Individually, we’re not the ‘jack of all trades’—we don’t try and do everything for every type of client,” Gardiner said. Rather, Dannible & McKee has partners and professional staff that specialize in two or three industries. For example, Gardiner concentrates on clients from the construction, architecture and engineering, and manufacturing industries. He also has extensive experience with audits of employee benefit plans.

Hired in 2004, Nicholas Shires is a tax partner who specializes in construction, retail automotive and professional service, and provides strategic tax planning relating to taxation issues that influence these industries. Other partners who concentrate in construction include Joseph Hardick, Joseph Chemotti, Brian Johnson and Benjamin Sumner.

“When you specialize in an industry, then you can go out and build relationships with individuals such as bankers, sureties and insurance agents that also

specialize in that industry,” which ultimately provides the best service from all aspects, Gardiner said.

Digging into the details Described as having Type A personalities, Gardiner said both Dannible and McKee had a knack at working well under pressure. “That’s when their creativity really flourished,” he said. They were committed to “finding that extra nugget of gold,” which an astute Dannible used to say when considering his clients’ tax and accounting needs. Gardiner said the two could dive into details and

surface with resourceful solutions to accounting and tax problems. “That was the strength they brought to the firm when they formed it and they pushed that same commitment and drive out to everyone else while they were still with the firm.”

“I worked closely with Tony for over 10 years,” Shires said. “He was really good at digging into detailed situations and coming up with innovative solutions, especially in the construction industry where there are some things you can do from a tax standpoint to put your clients in a better situation. He was on the forefront of technical research and bringing it to the client’s attention.”

One-on-one approach Dannible & McKee’s No. 1 priority is and always has been the client, which is obvious by its ability to see beyond the numbers and truly understand their clients and the challenges of their client’s business. “We take a management-focused approach,” said Shires. “We put ourselves in the position of the business owner and take a broad view of their entire organization.” This perspective allows the firm to review the financial position of each organization, plan on a year-round basis and generate original insight to successfully plan for the future. “Many times, we even help solve problems before our clients even realize they need to be addressed,” he added.

And unique to its competitors is the partners’ consultative approach. “We don’t leave the planning and digging to other staff. The partners are fully involved in the one-on-one planning,” Gardiner said. And, to each client’s advantage, the firm

assembles a team of experts to work on their behalf. By having multiple points of contact, a client with questions can count on more than just one person to provide an answer because each member of the engagement team is familiar with the client’s situation; they can therefore trust the source.

Commitment to Education, Professional Affiliations and Community Involvement

Throughout the firm’s forty-year history, Dannible & McKee has gone beyond their everyday service to deliver the confidence that their clients and communities need to succeed. Each year, the firm hosts a complimentary construction conference in Syracuse to educate industry professionals on the relevant issues that affect contractors and solutions needed to succeed. This year’s Annual Construction Conference will be held on Dec. 12 at Embassy Suites by Hilton Syracuse Destiny. For registration, or updates on speakers and presentations, visit www.dmcpas.com or call 315-472-9127.

Dannible & McKee is also heavily involved in numerous professional affiliations that offers clients access to a combination of resources, and business and local market knowledge. Those directly related to construction include Construction Financial Management Association (CFMA), Construction Industry CPAs/Consultants Association (CICPAC), Associated Builders and Contractors (ABC), Associated General Contractors of New York State (AGC NYS) and Syracuse Builders Exchange (SBE).

In keeping with its original purpose, the partners and staff of Dannible & McKee share a common interest in serving the needs of the local community. Organizations that which its partners hold board seats or leadership roles include McMahon Ryan Child Advocacy Center, Big Brothers/Big Sisters of Onondaga County, Food Bank of Central New York, Habitat for Humanity, ProLiteracy Worldwide, Greater Syracuse Business Development Corporation (GSBDC) and Sarah’s Guest House. By no means is this list exhaustive. Learn more about their commitment to local philanthropic activity online.

Dannible & McKee, LLP currently serves 10 industries: architecture and engineering; automotive; banking; construction; healthcare; manufacturing; nonprofit; professional service firms; public companies; and retail and wholesale. Its services include accounting; auditing and attestation; business valuation; employee benefit plans; FAR overhead rate audits; forensic accounting; litigation support; management consulting; service organization controls (SOC) services; and tax services. For more information, visit www.dmcpas.com.

Joseph Hardick, CPA, CCIFP, Joseph Chemotti, CPA, CCIFP, Nicholas Shires, CPA, Brian Johnson, CPA, CFE, CCIFP,

Kenneth Gardiner, CPA, CCIFP, CDA, Benjamin Sumner, CPA

Page 12: Syracuse Builders Exchange - Since 1872Dimetri Wingate Plan Room Manager Lisa Peregoy Assistant Plan Room Manager Monica Noble Administrative Assistant Anne Marie D'Onofrio Administrative

assembles a team of experts to work on their behalf. By having multiple points of contact, a client with questions can count on more than just one person to provide an answer because each member of the engagement team is familiar with the client’s situation; they can therefore trust the source.

Commitment to Education, Professional Affiliations and Community Involvement

Throughout the firm’s forty-year history, Dannible & McKee has gone beyond their everyday service to deliver the confidence that their clients and communities need to succeed. Each year, the firm hosts a complimentary construction conference in Syracuse to educate industry professionals on the relevant issues that affect contractors and solutions needed to succeed. This year’s Annual Construction Conference will be held on Dec. 12 at Embassy Suites by Hilton Syracuse Destiny. For registration, or updates on speakers and presentations, visit www.dmcpas.com or call 315-472-9127.

Dannible & McKee is also heavily involved in numerous professional affiliations that offers clients access to a combination of resources, and business and local market knowledge. Those directly related to construction include Construction Financial Management Association (CFMA), Construction Industry CPAs/Consultants Association (CICPAC), Associated Builders and Contractors (ABC), Associated General Contractors of New York State (AGC NYS) and Syracuse Builders Exchange (SBE).

In keeping with its original purpose, the partners and staff of Dannible & McKee share a common interest in serving the needs of the local community. Organizations that which its partners hold board seats or leadership roles include McMahon Ryan Child Advocacy Center, Big Brothers/Big Sisters of Onondaga County, Food Bank of Central New York, Habitat for Humanity, ProLiteracy Worldwide, Greater Syracuse Business Development Corporation (GSBDC) and Sarah’s Guest House. By no means is this list exhaustive. Learn more about their commitment to local philanthropic activity online.

Dannible & McKee, LLP currently serves 10 industries: architecture and engineering; automotive; banking; construction; healthcare; manufacturing; nonprofit; professional service firms; public companies; and retail and wholesale. Its services include accounting; auditing and attestation; business valuation; employee benefit plans; FAR overhead rate audits; forensic accounting; litigation support; management consulting; service organization controls (SOC) services; and tax services. For more information, visit www.dmcpas.com.

CREATIVE UNDERWRITINGQUICK RESPONSE

IN-HOUSE AUTHORITYPEACE OF MIND

REFERRALS

[email protected] 1(888)681.7685

10 CONSTRUCTION CONTRACTOR • Fall 2018 www.syrabex.com

Page 13: Syracuse Builders Exchange - Since 1872Dimetri Wingate Plan Room Manager Lisa Peregoy Assistant Plan Room Manager Monica Noble Administrative Assistant Anne Marie D'Onofrio Administrative

assembles a team of experts to work on their behalf. By having multiple points of contact, a client with questions can count on more than just one person to provide an answer because each member of the engagement team is familiar with the client’s situation; they can therefore trust the source.

Commitment to Education, Professional Affiliations and Community Involvement

Throughout the firm’s forty-year history, Dannible & McKee has gone beyond their everyday service to deliver the confidence that their clients and communities need to succeed. Each year, the firm hosts a complimentary construction conference in Syracuse to educate industry professionals on the relevant issues that affect contractors and solutions needed to succeed. This year’s Annual Construction Conference will be held on Dec. 12 at Embassy Suites by Hilton Syracuse Destiny. For registration, or updates on speakers and presentations, visit www.dmcpas.com or call 315-472-9127.

Dannible & McKee is also heavily involved in numerous professional affiliations that offers clients access to a combination of resources, and business and local market knowledge. Those directly related to construction include Construction Financial Management Association (CFMA), Construction Industry CPAs/Consultants Association (CICPAC), Associated Builders and Contractors (ABC), Associated General Contractors of New York State (AGC NYS) and Syracuse Builders Exchange (SBE).

In keeping with its original purpose, the partners and staff of Dannible & McKee share a common interest in serving the needs of the local community. Organizations that which its partners hold board seats or leadership roles include McMahon Ryan Child Advocacy Center, Big Brothers/Big Sisters of Onondaga County, Food Bank of Central New York, Habitat for Humanity, ProLiteracy Worldwide, Greater Syracuse Business Development Corporation (GSBDC) and Sarah’s Guest House. By no means is this list exhaustive. Learn more about their commitment to local philanthropic activity online.

Dannible & McKee, LLP currently serves 10 industries: architecture and engineering; automotive; banking; construction; healthcare; manufacturing; nonprofit; professional service firms; public companies; and retail and wholesale. Its services include accounting; auditing and attestation; business valuation; employee benefit plans; FAR overhead rate audits; forensic accounting; litigation support; management consulting; service organization controls (SOC) services; and tax services. For more information, visit www.dmcpas.com.

CREATIVE UNDERWRITINGQUICK RESPONSE

IN-HOUSE AUTHORITYPEACE OF MIND

REFERRALS

[email protected] 1(888)681.7685

10 CONSTRUCTION CONTRACTOR • Fall 2018 www.syrabex.com

Page 14: Syracuse Builders Exchange - Since 1872Dimetri Wingate Plan Room Manager Lisa Peregoy Assistant Plan Room Manager Monica Noble Administrative Assistant Anne Marie D'Onofrio Administrative

12 CONSTRUCTION CONTRACTOR • Fall 2018 www.syrabex.com

et’s get back to the basics by visiting the fundamental concepts and ideas on surety contract bonds. Surety contract bonds are being required more from both the public and private sectors leaving

contractors with no clue as to what they are and how they function. In Part 1, the objective is to get a grasp on what a surety bond is. Here, we’ll discuss the two most common types of bonds and how they differ from insurance.

First, a surety bond is a three-party agreement. These parties include the principle, the surety and the obligee. The obligee is typically the project owner and the one requesting a bond be provided for the principle (contractor) to receive a contract. This can be a municipality, a school district, or a private company. The principle is the contractor who is doing the work for the obligee and will be the one who will have to qualify for the bond. The surety is the company that is backing the principle (contracting) and providing the guarantee to the obligee on behalf of the principle. This three-party concept is the foundation of a surety bond.

When a principle purchases a surety bond, what they are getting is the financial backing of a surety company. You are purchasing surety credit. Much like a credit card, or a bank line of credit, surety credit is expected to be paid back to the surety should there be a claim on a bond. The surety bond itself protects the obligee from losses. The bond itself is not a protection for the principle, one purchasing the bond, but it is a protection for the obligee.

Where as a surety bond is a three-party agreement, conventional insurance is a two-party agreement between the insurance company and the insured. The premiums for insurance will vary from client to client, year after year, industry to industry. Conventional

Getting Back to the Basics: Part 1A Layman’s Introduction to Surety BondsTymothy Parmenter, BondsExpress.com

insurance works differently than a bond. The premiums for insurance are used to pay not only administrative expenses, but they are also used to pay for the claims. In other words, conventional insurance assumes losses and those losses are calculated into their premiums. This differs from surety bonds as the premiums are only calculated to cover administrative expenses, not losses.

There are many kinds of surety bonds, our focus here will be contract bonds. Contract bonds guarantee performance on a contract. These bonds offer guarantees in different forms.

Here are some of the most common types of contract bonds. Bid bonds are the assurance that a bid has been submitted in good faith and that the principle intends on entering into a contract with the project owner at the bid price should the principle be awarded the contract. Many times, to bid on a project, a bid bond is required. The bid amount is typically 5% of the contract price but can vary. The obligee is entitled to the bid bond amount should the principle back out of the contract. This means that if you bid on a project and your bid price is $100,000 the bid bond amount would be $5,000 (5%). If you as the principle are awarded that project and you decide to back out or cannot get the performance bond

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Tolerance Zone Marking Kits

Custom Printed and Embroidered Work wear

Custom Printed Promotional Items & Giveaways for Seminars & Conventions

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www.eastwoodlitho.com800.446.5484

et’s get back to the basics by visiting the fundamental concepts and ideas on surety contract bonds. Surety contract bonds are being required more from both the public and private sectors leaving

contractors with no clue as to what they are and how they function. In Part 1, the objective is to get a grasp on what a surety bond is. Here, we’ll discuss the two most common types of bonds and how they differ from insurance.

First, a surety bond is a three-party agreement. These parties include the principle, the surety and the obligee. The obligee is typically the project owner and the one requesting a bond be provided for the principle (contractor) to receive a contract. This can be a municipality, a school district, or a private company. The principle is the contractor who is doing the work for the obligee and will be the one who will have to qualify for the bond. The surety is the company that is backing the principle (contracting) and providing the guarantee to the obligee on behalf of the principle. This three-party concept is the foundation of a surety bond.

When a principle purchases a surety bond, what they are getting is the financial backing of a surety company. You are purchasing surety credit. Much like a credit card, or a bank line of credit, surety credit is expected to be paid back to the surety should there be a claim on a bond. The surety bond itself protects the obligee from losses. The bond itself is not a protection for the principle, one purchasing the bond, but it is a protection for the obligee.

Where as a surety bond is a three-party agreement, conventional insurance is a two-party agreement between the insurance company and the insured. The premiums for insurance will vary from client to client, year after year, industry to industry. Conventional

insurance works differently than a bond. The premiums for insurance are used to pay not only administrative expenses, but they are also used to pay for the claims. In other words, conventional insurance assumes losses and those losses are calculated into their premiums. This differs from surety bonds as the premiums are only calculated to cover administrative expenses, not losses.

There are many kinds of surety bonds, our focus here will be contract bonds. Contract bonds guarantee performance on a contract. These bonds offer guarantees in different forms.

Here are some of the most common types of contract bonds. Bid bonds are the assurance that a bid has been submitted in good faith and that the principle intends on entering into a contract with the project owner at the bid price should the principle be awarded the contract. Many times, to bid on a project, a bid bond is required. The bid amount is typically 5% of the contract price but can vary. The obligee is entitled to the bid bond amount should the principle back out of the contract. This means that if you bid on a project and your bid price is $100,000 the bid bond amount would be $5,000 (5%). If you as the principle are awarded that project and you decide to back out or cannot get the performance bond

www.syrabex.com Fall 2018 • CONSTRUCTION CONTRACTOR 13

for some reason or another, the obligee is entitled to that $5,000. In that case the surety company, who provided the guarantee, would pay the obligee that penalty and you as the principle are required to reimburse the surety for the penalty amount.

The Performance bond is a bond that guarantees that the contractor will perform the work according to the contract, therefore protecting the obligee from financial loss. This is a safety net for any obligee. The requirement is for the principle to provide the bond, not to benefit the principle, but for the benefit of the obligee. They want you as the principle to provide a guarantee that this project will be completed on time, within budget and according to the contract. Once again, if the principle cannot perform according to the obligee, the obligee is entitled to make a claim on the bond. The surety will then make the obligee whole by either finding another contractor to complete the work or by making the obligee whole financially.

In summary, we discussed what a surety bond is and how it works. We talked briefly about how a surety bond differs from conventional insurance and we took a quick look at bid bonds and performance bonds. In part two we will discuss other common types of contract bonds such as payment, subdivision, and maintenance bonds. Each of these bonds can be requested individually or as a package. They all provide a guarantee in one form or another, but the same three-party principle is still in play. We will also discuss the indemnity agreement and some of the basic underwriting aspects of getting bonded. Having this basic knowledge is beneficial to all contractors whether you are bonded or not. So, when that next project comes around that requires you to be bonded, you will have the basic knowledge of what exactly is being asked of you.

For more information on Surety Bonds you may contact Tymothy Parmenter at 315-508-4575, by email at [email protected], or visit online at www.BondsExpress.com.

Page 15: Syracuse Builders Exchange - Since 1872Dimetri Wingate Plan Room Manager Lisa Peregoy Assistant Plan Room Manager Monica Noble Administrative Assistant Anne Marie D'Onofrio Administrative

12 CONSTRUCTION CONTRACTOR • Fall 2018 www.syrabex.com

et’s get back to the basics by visiting the fundamental concepts and ideas on surety contract bonds. Surety contract bonds are being required more from both the public and private sectors leaving

contractors with no clue as to what they are and how they function. In Part 1, the objective is to get a grasp on what a surety bond is. Here, we’ll discuss the two most common types of bonds and how they differ from insurance.

First, a surety bond is a three-party agreement. These parties include the principle, the surety and the obligee. The obligee is typically the project owner and the one requesting a bond be provided for the principle (contractor) to receive a contract. This can be a municipality, a school district, or a private company. The principle is the contractor who is doing the work for the obligee and will be the one who will have to qualify for the bond. The surety is the company that is backing the principle (contracting) and providing the guarantee to the obligee on behalf of the principle. This three-party concept is the foundation of a surety bond.

When a principle purchases a surety bond, what they are getting is the financial backing of a surety company. You are purchasing surety credit. Much like a credit card, or a bank line of credit, surety credit is expected to be paid back to the surety should there be a claim on a bond. The surety bond itself protects the obligee from losses. The bond itself is not a protection for the principle, one purchasing the bond, but it is a protection for the obligee.

Where as a surety bond is a three-party agreement, conventional insurance is a two-party agreement between the insurance company and the insured. The premiums for insurance will vary from client to client, year after year, industry to industry. Conventional

Getting Back to the Basics: Part 1A Layman’s Introduction to Surety BondsTymothy Parmenter, BondsExpress.com

insurance works differently than a bond. The premiums for insurance are used to pay not only administrative expenses, but they are also used to pay for the claims. In other words, conventional insurance assumes losses and those losses are calculated into their premiums. This differs from surety bonds as the premiums are only calculated to cover administrative expenses, not losses.

There are many kinds of surety bonds, our focus here will be contract bonds. Contract bonds guarantee performance on a contract. These bonds offer guarantees in different forms.

Here are some of the most common types of contract bonds. Bid bonds are the assurance that a bid has been submitted in good faith and that the principle intends on entering into a contract with the project owner at the bid price should the principle be awarded the contract. Many times, to bid on a project, a bid bond is required. The bid amount is typically 5% of the contract price but can vary. The obligee is entitled to the bid bond amount should the principle back out of the contract. This means that if you bid on a project and your bid price is $100,000 the bid bond amount would be $5,000 (5%). If you as the principle are awarded that project and you decide to back out or cannot get the performance bond

Your Partner For All Safety NeedsCustom Printed ANSI Approved High Visibility Apparel - Vests, Tees, Jackets, Hardhats, Caps, Beanies

Tolerance Zone Marking Kits

Custom Printed and Embroidered Work wear

Custom Printed Promotional Items & Giveaways for Seminars & Conventions

Full Turnkey Solution Design & Print for all of your Marketing Needs

www.eastwoodlitho.com800.446.5484

et’s get back to the basics by visiting the fundamental concepts and ideas on surety contract bonds. Surety contract bonds are being required more from both the public and private sectors leaving

contractors with no clue as to what they are and how they function. In Part 1, the objective is to get a grasp on what a surety bond is. Here, we’ll discuss the two most common types of bonds and how they differ from insurance.

First, a surety bond is a three-party agreement. These parties include the principle, the surety and the obligee. The obligee is typically the project owner and the one requesting a bond be provided for the principle (contractor) to receive a contract. This can be a municipality, a school district, or a private company. The principle is the contractor who is doing the work for the obligee and will be the one who will have to qualify for the bond. The surety is the company that is backing the principle (contracting) and providing the guarantee to the obligee on behalf of the principle. This three-party concept is the foundation of a surety bond.

When a principle purchases a surety bond, what they are getting is the financial backing of a surety company. You are purchasing surety credit. Much like a credit card, or a bank line of credit, surety credit is expected to be paid back to the surety should there be a claim on a bond. The surety bond itself protects the obligee from losses. The bond itself is not a protection for the principle, one purchasing the bond, but it is a protection for the obligee.

Where as a surety bond is a three-party agreement, conventional insurance is a two-party agreement between the insurance company and the insured. The premiums for insurance will vary from client to client, year after year, industry to industry. Conventional

insurance works differently than a bond. The premiums for insurance are used to pay not only administrative expenses, but they are also used to pay for the claims. In other words, conventional insurance assumes losses and those losses are calculated into their premiums. This differs from surety bonds as the premiums are only calculated to cover administrative expenses, not losses.

There are many kinds of surety bonds, our focus here will be contract bonds. Contract bonds guarantee performance on a contract. These bonds offer guarantees in different forms.

Here are some of the most common types of contract bonds. Bid bonds are the assurance that a bid has been submitted in good faith and that the principle intends on entering into a contract with the project owner at the bid price should the principle be awarded the contract. Many times, to bid on a project, a bid bond is required. The bid amount is typically 5% of the contract price but can vary. The obligee is entitled to the bid bond amount should the principle back out of the contract. This means that if you bid on a project and your bid price is $100,000 the bid bond amount would be $5,000 (5%). If you as the principle are awarded that project and you decide to back out or cannot get the performance bond

www.syrabex.com Fall 2018 • CONSTRUCTION CONTRACTOR 13

for some reason or another, the obligee is entitled to that $5,000. In that case the surety company, who provided the guarantee, would pay the obligee that penalty and you as the principle are required to reimburse the surety for the penalty amount.

The Performance bond is a bond that guarantees that the contractor will perform the work according to the contract, therefore protecting the obligee from financial loss. This is a safety net for any obligee. The requirement is for the principle to provide the bond, not to benefit the principle, but for the benefit of the obligee. They want you as the principle to provide a guarantee that this project will be completed on time, within budget and according to the contract. Once again, if the principle cannot perform according to the obligee, the obligee is entitled to make a claim on the bond. The surety will then make the obligee whole by either finding another contractor to complete the work or by making the obligee whole financially.

In summary, we discussed what a surety bond is and how it works. We talked briefly about how a surety bond differs from conventional insurance and we took a quick look at bid bonds and performance bonds. In part two we will discuss other common types of contract bonds such as payment, subdivision, and maintenance bonds. Each of these bonds can be requested individually or as a package. They all provide a guarantee in one form or another, but the same three-party principle is still in play. We will also discuss the indemnity agreement and some of the basic underwriting aspects of getting bonded. Having this basic knowledge is beneficial to all contractors whether you are bonded or not. So, when that next project comes around that requires you to be bonded, you will have the basic knowledge of what exactly is being asked of you.

For more information on Surety Bonds you may contact Tymothy Parmenter at 315-508-4575, by email at [email protected], or visit online at www.BondsExpress.com.

Page 16: Syracuse Builders Exchange - Since 1872Dimetri Wingate Plan Room Manager Lisa Peregoy Assistant Plan Room Manager Monica Noble Administrative Assistant Anne Marie D'Onofrio Administrative

Cybersecurity Services

Cloud Services

Network Services

Mobility Services

Voice and Collaboration

In-building Solutions

Field Management

Messaging for Business

Data Prioritization

Mobile Remote Access

Mobility Consulting

Mobile Devices

5G Evolution

Colocation Services

Cloud Networking

Content Delivery Network

Cloud Disaster Recovery

Virtual Data Center

Content Management

Box from AT&T

Tech 360

AT&T Collaborate

Voice and VoIP Communications

Unified Communications

Telepresence Solutions

Video, Web, and Audio Conferencing

Contact and Call Center Solutions

AT&T Connect

Next Generation 9-1-1

Threat Intellect

Threat Management/DDoS

Data and App Security

Network and Mobile Security

Identity Services

VPN and Ethernet

High Bandwidth Services

FlexWare and SD-WAN

Dedicated Internet Access

High Speed Internet

© 2018 AT&T Intellectual Property. All rights reserved. AT&T, Globe logo, Mobilizing Your World and DIRECTV are registered trademarks and service marks of AT&T Intellectual Property and/or AT&T affiliated companies. All other marks are the property of their respective owners. AT&T Proprietary (Internal Use Only). Not for use or disclosure outside the AT&T companies except under written agreement.

DirecTV for Business

Wi-Fi and In-Building

IoT Solutions

DELIVERING EDGE-TO-EDGE CAPABILITIES AND MORE FOR YOUR BUSINESS

Wi-Fi/LAN

Samuel J Smith Client Solutions Executive

National Business SolutionsSelect Accounts Group AT&T

M 716.535.7056 | [email protected]

Page 17: Syracuse Builders Exchange - Since 1872Dimetri Wingate Plan Room Manager Lisa Peregoy Assistant Plan Room Manager Monica Noble Administrative Assistant Anne Marie D'Onofrio Administrative

Cybersecurity Services

Cloud Services

Network Services

Mobility Services

Voice and Collaboration

In-building Solutions

Field Management

Messaging for Business

Data Prioritization

Mobile Remote Access

Mobility Consulting

Mobile Devices

5G Evolution

Colocation Services

Cloud Networking

Content Delivery Network

Cloud Disaster Recovery

Virtual Data Center

Content Management

Box from AT&T

Tech 360

AT&T Collaborate

Voice and VoIP Communications

Unified Communications

Telepresence Solutions

Video, Web, and Audio Conferencing

Contact and Call Center Solutions

AT&T Connect

Next Generation 9-1-1

Threat Intellect

Threat Management/DDoS

Data and App Security

Network and Mobile Security

Identity Services

VPN and Ethernet

High Bandwidth Services

FlexWare and SD-WAN

Dedicated Internet Access

High Speed Internet

© 2018 AT&T Intellectual Property. All rights reserved. AT&T, Globe logo, Mobilizing Your World and DIRECTV are registered trademarks and service marks of AT&T Intellectual Property and/or AT&T affiliated companies. All other marks are the property of their respective owners. AT&T Proprietary (Internal Use Only). Not for use or disclosure outside the AT&T companies except under written agreement.

DirecTV for Business

Wi-Fi and In-Building

IoT Solutions

DELIVERING EDGE-TO-EDGE CAPABILITIES AND MORE FOR YOUR BUSINESS

Wi-Fi/LAN

Samuel J Smith Client Solutions Executive

National Business SolutionsSelect Accounts Group AT&T

M 716.535.7056 | [email protected]

Page 18: Syracuse Builders Exchange - Since 1872Dimetri Wingate Plan Room Manager Lisa Peregoy Assistant Plan Room Manager Monica Noble Administrative Assistant Anne Marie D'Onofrio Administrative

16 CONSTRUCTION CONTRACTOR • Fall 2018 www.syrabex.com

Is Your Company Ready to Implement the New Revenue Recognition Standards?Benjamin A. Sumner, CPA, Partner, Dannible & McKee,

he time is near. The new revenue recognition standard (Topic 606), which vastly changes the revenue recognition model for contractors, is on the horizon for private companies and many have

yet to evaluate the impact the new rules could have on their company’s financial statements.

At its core, Topic 606 breaks down the revenue recognition model for contracts with customers into a five-step model that must be taken into consideration when accounting for each and every contract. Each step in the model has its own challenges and intricacies that can affect the way revenue is recognized on those contracts. The five steps are as follows:

LLP

1. Identify the contract with the customer

2. Identify the performance obligations in the contract

3. Determine the transaction price

4. Allocate the transaction price to the performance obligations in the contract

5. Recognize revenue when (or as) the entity satisfies the performance obligation(s)

Public business entities, certain not-for-profit entities, and certain employee benefit plans are required to apply the changes for annual reporting periods beginning after December 15, 2017 (2018). All other entities, including private businesses should apply the changes for annual reporting periods beginning after December 15, 2018 (2019). HOWEVER, the transition guidance gives the option of a full retrospective or modified retrospective

approach to implementation. This means that when private businesses implement the revenue recognition changes for the 2019 reporting year, 2018 revenue will need to be adjusted to reflect the new standards as well. Changes should be considered for the 2018 reporting year for private businesses to lessen the burden of accounting in 2019.

Many public entities have already gone through the process of implementing the changes for Topic 606 and have identified many challenges with implementation. It is highly recommended that companies develop an effective action plan for implementation which should include the following key considerations:

1. Assign internal company staff or create a task force to assess the impact in the following areas:

𝛐𝛐 Accounting 𝛐𝛐 Financial reporting𝛐𝛐 Tax𝛐𝛐 Internal audit𝛐𝛐 Contract accounting/job costing/project management𝛐𝛐 IT𝛐𝛐 Legal𝛐𝛐 HR

2. Evaluate the impact on contract accounting. There are several valuable

resources available through FASB, AICPA, CFMA, CICPAC to aid in this evaluation.

3. Determine the impact of adoption on financial results and different adoption methods.

𝛐𝛐 Full retrospective approach𝛐𝛐 Modified retrospective approach𝛐𝛐 How new disclosure requirements will affect your company’s financial statements

800-238-7833 or 607-674-6363 Fax: 607-674-9706www.SteelSalesInc.com

P.O. Box 539, 8085 State Hwy 12, Sherburne, NY 13460

Structural Shapes & Bars

DrainageProducts

Sheet & PlateProducts

PilesDecks & Grates

Concrete Reinforcing Products

Additional Building Materials

Tube & Piping

Snow Plow & HeavyEquipment Wear Parts

Your Source for Steel & MOREWBE / DBE CERTIFIED

he time is near. The new revenue recognition standard (Topic 606), which vastly changes the revenue recognition model for contractors, is on the horizon for private companies and many have

yet to evaluate the impact the new rules could have on their company’s financial statements.

At its core, Topic 606 breaks down the revenue recognition model for contracts with customers into a five-step model that must be taken into consideration when accounting for each and every contract. Each step in the model has its own challenges and intricacies that can affect the way revenue is recognized on those contracts. The five steps are as follows:

www.syrabex.com Fall 2018 • CONSTRUCTION CONTRACTOR 17

1. Identify the contract with the customer

2. Identify the performance obligations in the contract

3. Determine the transaction price

4. Allocate the transaction price to the performance obligations in the contract

5. Recognize revenue when (or as) the entity satisfies the performance obligation(s)

4. Discuss with and educate key stakeholders.

𝛐𝛐 Banks𝛐𝛐 Sureties𝛐𝛐 Board of Directors/Audit Committee𝛐𝛐 Shareholders𝛐𝛐 Other contractors (GC’s and Subcontractors)

5. Evaluate changes to IT systems that may be necessary to keep track of the following

information:

𝛐𝛐 Variable consideration𝛐𝛐 Multiple performance obligations𝛐𝛐 Documentation of the processes 𝛐𝛐 Impact at adoption on open contracts𝛐𝛐 Qualitative and quantitative disclosures

6. Document the project plan and timeline for implementation.

Implementation deadlines are fast approaching. Every company that has contracts with its customers will be affected in one way or another as a result of the new revenue recognition standards in Topic 606. It is important that you begin preparing NOW to address the impact on your company.

Benjamin A. Sumner, CPA, is an audit partner with Dannible & McKee, LLP, a public accounting firm with offices in Syracuse, Albany and Binghamton, New York. The firm has been providing services to the construction industry since its inception in 1978. For more information on the revenue recognition standard and practical ways to make the transition easier, contact Ben at 315-472-9127 or [email protected].

Page 19: Syracuse Builders Exchange - Since 1872Dimetri Wingate Plan Room Manager Lisa Peregoy Assistant Plan Room Manager Monica Noble Administrative Assistant Anne Marie D'Onofrio Administrative

16 CONSTRUCTION CONTRACTOR • Fall 2018 www.syrabex.com

Is Your Company Ready to Implement the New Revenue Recognition Standards?Benjamin A. Sumner, CPA, Partner, Dannible & McKee,

he time is near. The new revenue recognition standard (Topic 606), which vastly changes the revenue recognition model for contractors, is on the horizon for private companies and many have

yet to evaluate the impact the new rules could have on their company’s financial statements.

At its core, Topic 606 breaks down the revenue recognition model for contracts with customers into a five-step model that must be taken into consideration when accounting for each and every contract. Each step in the model has its own challenges and intricacies that can affect the way revenue is recognized on those contracts. The five steps are as follows:

LLP

1. Identify the contract with the customer

2. Identify the performance obligations in the contract

3. Determine the transaction price

4. Allocate the transaction price to the performance obligations in the contract

5. Recognize revenue when (or as) the entity satisfies the performance obligation(s)

Public business entities, certain not-for-profit entities, and certain employee benefit plans are required to apply the changes for annual reporting periods beginning after December 15, 2017 (2018). All other entities, including private businesses should apply the changes for annual reporting periods beginning after December 15, 2018 (2019). HOWEVER, the transition guidance gives the option of a full retrospective or modified retrospective

approach to implementation. This means that when private businesses implement the revenue recognition changes for the 2019 reporting year, 2018 revenue will need to be adjusted to reflect the new standards as well. Changes should be considered for the 2018 reporting year for private businesses to lessen the burden of accounting in 2019.

Many public entities have already gone through the process of implementing the changes for Topic 606 and have identified many challenges with implementation. It is highly recommended that companies develop an effective action plan for implementation which should include the following key considerations:

1. Assign internal company staff or create a task force to assess the impact in the following areas:

𝛐𝛐 Accounting 𝛐𝛐 Financial reporting𝛐𝛐 Tax𝛐𝛐 Internal audit𝛐𝛐 Contract accounting/job costing/project management𝛐𝛐 IT𝛐𝛐 Legal𝛐𝛐 HR

2. Evaluate the impact on contract accounting. There are several valuable

resources available through FASB, AICPA, CFMA, CICPAC to aid in this evaluation.

3. Determine the impact of adoption on financial results and different adoption methods.

𝛐𝛐 Full retrospective approach𝛐𝛐 Modified retrospective approach𝛐𝛐 How new disclosure requirements will affect your company’s financial statements

800-238-7833 or 607-674-6363 Fax: 607-674-9706www.SteelSalesInc.com

P.O. Box 539, 8085 State Hwy 12, Sherburne, NY 13460

Structural Shapes & Bars

DrainageProducts

Sheet & PlateProducts

PilesDecks & Grates

Concrete Reinforcing Products

Additional Building Materials

Tube & Piping

Snow Plow & HeavyEquipment Wear Parts

Your Source for Steel & MOREWBE / DBE CERTIFIED

he time is near. The new revenue recognition standard (Topic 606), which vastly changes the revenue recognition model for contractors, is on the horizon for private companies and many have

yet to evaluate the impact the new rules could have on their company’s financial statements.

At its core, Topic 606 breaks down the revenue recognition model for contracts with customers into a five-step model that must be taken into consideration when accounting for each and every contract. Each step in the model has its own challenges and intricacies that can affect the way revenue is recognized on those contracts. The five steps are as follows:

www.syrabex.com Fall 2018 • CONSTRUCTION CONTRACTOR 17

1. Identify the contract with the customer

2. Identify the performance obligations in the contract

3. Determine the transaction price

4. Allocate the transaction price to the performance obligations in the contract

5. Recognize revenue when (or as) the entity satisfies the performance obligation(s)

4. Discuss with and educate key stakeholders.

𝛐𝛐 Banks𝛐𝛐 Sureties𝛐𝛐 Board of Directors/Audit Committee𝛐𝛐 Shareholders𝛐𝛐 Other contractors (GC’s and Subcontractors)

5. Evaluate changes to IT systems that may be necessary to keep track of the following

information:

𝛐𝛐 Variable consideration𝛐𝛐 Multiple performance obligations𝛐𝛐 Documentation of the processes 𝛐𝛐 Impact at adoption on open contracts𝛐𝛐 Qualitative and quantitative disclosures

6. Document the project plan and timeline for implementation.

Implementation deadlines are fast approaching. Every company that has contracts with its customers will be affected in one way or another as a result of the new revenue recognition standards in Topic 606. It is important that you begin preparing NOW to address the impact on your company.

Benjamin A. Sumner, CPA, is an audit partner with Dannible & McKee, LLP, a public accounting firm with offices in Syracuse, Albany and Binghamton, New York. The firm has been providing services to the construction industry since its inception in 1978. For more information on the revenue recognition standard and practical ways to make the transition easier, contact Ben at 315-472-9127 or [email protected].

Page 20: Syracuse Builders Exchange - Since 1872Dimetri Wingate Plan Room Manager Lisa Peregoy Assistant Plan Room Manager Monica Noble Administrative Assistant Anne Marie D'Onofrio Administrative

K O E S T E R

Headworks • Grit Removal • Screening

• Activated Sludge • RBCs • Trickling Filter • MBBR • MBR • IFAS

• BNR • Disc Filters • �������������� • Rapid Sand Filtration

• UV • Chlorination • Chemical Feed • Ozone

– We are your partners for the long term

3101 Seneca Turnpike Canastota, NY 13032Phone: (315) 697-3800 Fax: (315) 697-3888

170 Kinnelon RoadKinnelon, NJ 07405Phone: (973) 492-0400 Fax: (973) 492-9581

[email protected] [email protected] [email protected]

KNOWLEDGEABLE. CARING. LOYAL.

SUPPLYING EQUIPMENT SOLUTIONS & SERVICE FOR WATER & WASTEWATER

Page 21: Syracuse Builders Exchange - Since 1872Dimetri Wingate Plan Room Manager Lisa Peregoy Assistant Plan Room Manager Monica Noble Administrative Assistant Anne Marie D'Onofrio Administrative

K O E S T E R

Headworks • Grit Removal • Screening

• Activated Sludge • RBCs • Trickling Filter • MBBR • MBR • IFAS

• BNR • Disc Filters • �������������� • Rapid Sand Filtration

• UV • Chlorination • Chemical Feed • Ozone

– We are your partners for the long term

3101 Seneca Turnpike Canastota, NY 13032Phone: (315) 697-3800 Fax: (315) 697-3888

170 Kinnelon RoadKinnelon, NJ 07405Phone: (973) 492-0400 Fax: (973) 492-9581

[email protected] [email protected] [email protected]

KNOWLEDGEABLE. CARING. LOYAL.

SUPPLYING EQUIPMENT SOLUTIONS & SERVICE FOR WATER & WASTEWATER

www.syrabex.com Fall 2018 • CONSTRUCTION CONTRACTOR 19

Coverage, Service and Pricing The “standard” process of insurance buying puts the price first, but an informed buyer puts coverage first. It's also important to focus on the services that will help control your overall exposure to loss. By focusing on coverage and service, you’re focusing on the root of what you’re purchasing - a promise that at the time of a claim, your carriers will be there to support you.

The only way to know that will happen is to talk to your broker. Here are some areas to focus on and questions you can use to get the conversations started:

Coverage• What is their assessment of your current program?• What recommendations would they offer?• Can they effectively articulate where your coverage begins and ends? It’s important that your representative and the broker’s team understands your exposures.

Service• What services are available through the broker? Look for both proactive services that can help prevent claims and reactive services that can assist you efficiently at the time of loss.

• How can the broker effectively coordinate his/her resources and what’s offered through the carriers? Any examples they can offer may help provide perspective.

• What technology is available through the broker and the carrier(s)?

• What type of routine information will you receive from them (safety information, dashboards)?

• What does a sample service plan look like?

• How deep is their “bench” strength? Do they have experts to call on for specific questions, or specific resources to fit your needs?Pricing• What strategies would they offer to help control or reduce the price? • What carrier relationships would they look to access in order to provide you with the best overall program?

What to ask your broker: Important things you need to know Brokers come in all shapes and sizes, and finding one who wants to

help you further your goals can be tricky. Let’s make it easy.Adam B. Brown, CIC, ONEGROUP

• Have they offered any structural modifications that could help?

Do you know how your broker gets paid?

Agents usually neglect to share with their clients that their interests are not aligned. With a typical broker, the more claims you have, the more money he or she makes.

Brokers are paid on a commission basis. Typically, their agency is paid a percentage of the premium you pay for the insurance.

If you have a higher number of claims, your premium goes up. When your premium goes up, so does your broker’s commission.

The more claims you have, the more premium you pay, and the more your broker makes. A broker’s paycheck is incentivized against your favor.

It’s for this reason that we often look to coordinate proactive service plans that would support the commission earned. For clients with lots of exposures, we would recommend the fee-based system. That way, our clients can be certain we have their best interests in mind.

That’s why it’s imperative to make sure you understand the services available to you, and have a proactive plan in place to find a broker that cares more about your business than a paycheck.

Both of the above will help control your overall cost of risk.

Any time we meet with a potential client, we’re not interested in quoting; we’re interested in helping the business solve its problems. Educating our clients on the insurance process helps them make more informed decisions and better control their outcomes.

Adam Brown is Sr. Vice President Manufacturing & Distribution Risk Specialist at ONEGROUP. For more information email Adam at [email protected] or call 315-457-1830.

Page 22: Syracuse Builders Exchange - Since 1872Dimetri Wingate Plan Room Manager Lisa Peregoy Assistant Plan Room Manager Monica Noble Administrative Assistant Anne Marie D'Onofrio Administrative

20 CONSTRUCTION CONTRACTOR • Fall 2018 www.syrabex.com

LOVELL ARTICLE PARTICIPANTSSusan Geier-Fahmy, CSPVice PresidentDirector of Safety

The Effect of Safety Programs on a Company’s SuccessMichael D. JandzinskiSr. Safety & Health Consultant

John MacVittie

Safety & Health Consultant

Robert J. LaBombard

Assistant Director of Safety-Upstate

• To enhance accountability, employees’ annual performance review has a section dedicated to safety.

As of today, MJA has not experienced any other back injury claim; their experience modification has dropped to a 12% credit and they have had their full upfront discount returned.

Deluxe Roofing & Sheet Metal – Utica – LSM Group member since 2004

Oftentimes the key to an effective safety program is preplanning and designing in safety right from the beginning of the job. This was the case for Deluxe Roofing when they were awarded the job of reroofing the Holy Trinity Church in Utica, NY. Holy Trinity is a 100+ year-old historical landmark. It is 150 feet tall with an extremely steep roof pitch and a large number of ornate outcroppings, dormers and steeples.

With the two biggest issues on site being access and fall protection, LSM was brought in to discussion at an early stage. LSM suggested contacting the NYS DOL consultation service, as well as the local OSHA area office for additional guidance. It was agreed to have a professional scaffold company erect and enclose the front of the church and to use a 160-foot boom type platform to perform the work. The high pitch sides of the structure would be accessed by different types of boom. Deluxe purchased brand new personal fall arrest systems (PFAS) and life lines for work that could not be done from platforms. As the work began, it was clear that preplanning and consultations created a much safer work operation.

Pinnacle Roofing, Inc. – Schenectady – LSM Group member since 2004

Pinnacle Roofing had tried many times to implement an effective safety program. However their efforts were compliance and inspection driven and did not address the issue of changing the safety culture. Pinnacle was being surcharged on their workers’ compensation insurance; their experience modifier was over 1 and they had a history of OSHA citations.

Ownership, Chris LaVallee and Jeff Patrick, recognized they had to do something, so they hired a full-time safety director, Dan Jordan, and told him to reach out to Lovell for guidance. He was given their full commitment.

Dan immediately started showing up on job sites and making sure everyone had their PPE, and was wearing it. He points out safe behavior and compliments employees when they are engaged in the safety effort. Dan gives tool box talks, participates in the OSHA Safety Stand Down and shares what he finds as he visits sites. He also attends the weekly production/safety meetings to ensure that safety is addressed. Workers know that Dan and the owners want to work toward the common goal of getting the job done and doing it safely. Pinnacle now has a full discount and a 16% credit on their experience modifier.

These are just a few examples of how developing an effective safety program takes a team of people, working together to ensure employees are kept safe.

For more information on Safety Programs and other related programs you may contact Lovell Safety Management at 1-800-5-LOVELL or visit online at www.LovellSafety.com.

“Initially the program was in the mornings before the crews were dispatched for the day. The program has become so beneficial, guys are performing stretching after their lunch periods. The program has also become a great team builder.” “Lovell is an excellent resource for The MJA Company. They are consummate professionals. We are extremely satisfied.” Mark Finch, Safety Director.

The company did not stop there. They continued their safety efforts and:

• Utilized LSM safety policies as a guide and updated all their safety manuals.

• Had the NYSDOL Consulting services conduct air monitoring for silica to determine exposure.

• All employees attend an OSHA 10-hour program every three years. All site foremen and project managers attend the OSHA 30-hour program every 5 years and they hold weekly safety meetings.

orkplace injuries can have a profound effect on a company. To minimize the potentially

devastating effect on both employer and employee, a company needs to develop and implement effective safety and health programs specific to their potential hazards. The safety consultants at Lovell Safety Management, LLC, have worked with many companies over the years and we have had many success stories. We would like to share just a few:

The MJA Company - Buffalo – Concrete floor repair/renovation – LSM group member since 2010

In 2014, an MJA employee experienced a serious back injury. This one claim resulted in an increase of over 20% in their experience modification and a 15% decrease in the upfront discount they received on their workers’ compensation policy. In consultation with their LSM safety representative, MJA implemented a morning stretching program for all employees, including the owners. This still continues over 3 years later. continued on page 26

Page 23: Syracuse Builders Exchange - Since 1872Dimetri Wingate Plan Room Manager Lisa Peregoy Assistant Plan Room Manager Monica Noble Administrative Assistant Anne Marie D'Onofrio Administrative

20 CONSTRUCTION CONTRACTOR • Fall 2018 www.syrabex.com

LOVELL ARTICLE PARTICIPANTSSusan Geier-Fahmy, CSPVice PresidentDirector of Safety

The Effect of Safety Programs on a Company’s SuccessMichael D. JandzinskiSr. Safety & Health Consultant

John MacVittie

Safety & Health Consultant

Robert J. LaBombard

Assistant Director of Safety-Upstate

• To enhance accountability, employees’ annual performance review has a section dedicated to safety.

As of today, MJA has not experienced any other back injury claim; their experience modification has dropped to a 12% credit and they have had their full upfront discount returned.

Deluxe Roofing & Sheet Metal – Utica – LSM Group member since 2004

Oftentimes the key to an effective safety program is preplanning and designing in safety right from the beginning of the job. This was the case for Deluxe Roofing when they were awarded the job of reroofing the Holy Trinity Church in Utica, NY. Holy Trinity is a 100+ year-old historical landmark. It is 150 feet tall with an extremely steep roof pitch and a large number of ornate outcroppings, dormers and steeples.

With the two biggest issues on site being access and fall protection, LSM was brought in to discussion at an early stage. LSM suggested contacting the NYS DOL consultation service, as well as the local OSHA area office for additional guidance. It was agreed to have a professional scaffold company erect and enclose the front of the church and to use a 160-foot boom type platform to perform the work. The high pitch sides of the structure would be accessed by different types of boom. Deluxe purchased brand new personal fall arrest systems (PFAS) and life lines for work that could not be done from platforms. As the work began, it was clear that preplanning and consultations created a much safer work operation.

Pinnacle Roofing, Inc. – Schenectady – LSM Group member since 2004

Pinnacle Roofing had tried many times to implement an effective safety program. However their efforts were compliance and inspection driven and did not address the issue of changing the safety culture. Pinnacle was being surcharged on their workers’ compensation insurance; their experience modifier was over 1 and they had a history of OSHA citations.

Ownership, Chris LaVallee and Jeff Patrick, recognized they had to do something, so they hired a full-time safety director, Dan Jordan, and told him to reach out to Lovell for guidance. He was given their full commitment.

Dan immediately started showing up on job sites and making sure everyone had their PPE, and was wearing it. He points out safe behavior and compliments employees when they are engaged in the safety effort. Dan gives tool box talks, participates in the OSHA Safety Stand Down and shares what he finds as he visits sites. He also attends the weekly production/safety meetings to ensure that safety is addressed. Workers know that Dan and the owners want to work toward the common goal of getting the job done and doing it safely. Pinnacle now has a full discount and a 16% credit on their experience modifier.

These are just a few examples of how developing an effective safety program takes a team of people, working together to ensure employees are kept safe.

For more information on Safety Programs and other related programs you may contact Lovell Safety Management at 1-800-5-LOVELL or visit online at www.LovellSafety.com.

“Initially the program was in the mornings before the crews were dispatched for the day. The program has become so beneficial, guys are performing stretching after their lunch periods. The program has also become a great team builder.” “Lovell is an excellent resource for The MJA Company. They are consummate professionals. We are extremely satisfied.” Mark Finch, Safety Director.

The company did not stop there. They continued their safety efforts and:

• Utilized LSM safety policies as a guide and updated all their safety manuals.

• Had the NYSDOL Consulting services conduct air monitoring for silica to determine exposure.

• All employees attend an OSHA 10-hour program every three years. All site foremen and project managers attend the OSHA 30-hour program every 5 years and they hold weekly safety meetings.

orkplace injuries can have a profound effect on a company. To minimize the potentially

devastating effect on both employer and employee, a company needs to develop and implement effective safety and health programs specific to their potential hazards. The safety consultants at Lovell Safety Management, LLC, have worked with many companies over the years and we have had many success stories. We would like to share just a few:

The MJA Company - Buffalo – Concrete floor repair/renovation – LSM group member since 2010

In 2014, an MJA employee experienced a serious back injury. This one claim resulted in an increase of over 20% in their experience modification and a 15% decrease in the upfront discount they received on their workers’ compensation policy. In consultation with their LSM safety representative, MJA implemented a morning stretching program for all employees, including the owners. This still continues over 3 years later. continued on page 26

Page 24: Syracuse Builders Exchange - Since 1872Dimetri Wingate Plan Room Manager Lisa Peregoy Assistant Plan Room Manager Monica Noble Administrative Assistant Anne Marie D'Onofrio Administrative

KIRKWOOD, NY607-775-2006

ORCHARD PARK, NY716-662-2191

ROCHESTER, NY585-235-3011

SYRACUSE, NY315-452-4560

WE ARE A LEADER IN THE NEW, USED AND RENTAL

EQUIPMENT MARKETS

DUNMORE, PA570-346-1701

ATHENS, PA 570-882-8800

WATERFORD, PA814-796-2663

WILLIAMSPORT, PA570-494-4030

WWW.FIVESTAREQUIPMENT.COM

www.syrabex.com Fall 2018 • CONSTRUCTION CONTRACTOR 23

n the wake of the #MeToo and #TimesUp movements, New York State has passed new laws regarding sexual harassment. The New York State Law applies to all employers, no matter their size. These new regulations have also expanded the application of the New York

State Human Rights Law to a new class of individuals, non-employees.

Effective April 12, 2018, it is an unlawful employment practice for an employer’s employees to sexually harass non-employees, who are defined as contractors, subcontractors, vendors, consultants or any person who provides services under a contract in the workplace. Employers have the obligation to protect vendors, contractors etc. from sexual harassment.

The New Law Requires the Following:

1. Effective October 9, 2018, all employers must provide annual sexual harassment training. The training must be interactive and is required to include certain information. As the training must be interactive it is highly recommended that the training be in person.

2. By October 9, 2018, all Employers must have a written sexual harassment policy. The law requires the policy to contain mandatory elements such as: a) a statement prohibiting sexual harassment; b) examples of prohibited conduct; c) information on federal and state statutory provisions covering sexual harassment and the remedies available to victims; d) a standard complaint form; e) the company’s procedure for timely and

confidential investigations; f) information about an employees’ available remedies including the available administrative and judicial forums for resolving sexual harassment complaints; g) a statement that retaliation against an employee who reports sexual harassment is unlawful; h) a statement that sexual harassment is a form of misconduct and that sanctions will be enforced against those who engage in sexual harassment and supervisors who allow such behavior to continue; i) a statement that this policy applies to non-employees as well.

3. The new law prohibits mandatory arbitration of sexual harassment claims. However, arbitration provisions included as part of a collective bargaining agreement are excluded from this prohibition.

4. Effective July 11, 2018, non-disclosure provisions in agreements settling sexual harassment claims are prohibited unless inclusion of the non-disclosure is the complainant’s preference.

5. Beginning January 1, 2019 any employer submitting a bid to New York State or any of its public departments or agencies for a public contract will need to include under penalties of perjury a prescribed statement in the bid certifying compliance with the sexual harassment prevention policy and annual training requirement. Failure to provide such a certified statement may result in ineligibility for the contract. Providing a false certification of compliance may result in DOL issuing you a willful violation which can lead to disbarment and is a felony under NYS Penal Law.

PLEASE NOTE: NYC has enacted their own

Sexual Harassment Law which imparts additional requirements upon NYC employers. Employers who do work in NYC must comply with both NYS and NYC new sexual harassment laws.

WHAT HAPPENS IF YOU FAIL TO COMPLY?

Non-compliance with the new regulations can be used against you in court. The court may consider non-compliance as presumptive evidence that as an employer you tolerated such conduct and impose punitive damages. An employee who successfully proves sexual harassment may recover lost wages, lost benefits, damages for emotional distress and attorney fees.

Whereas, compliance can mitigate liability and damages by showing that you take sexual harassment seriously and as an employer you have a procedure in

place for handling sexual harassment claims. The NYC Human Rights Law allows for the deductions or elimination of civil penalties of up to $250,000 and punitive damages where employers can prove that they have effective policies, programs and procedures in place and have complied with the commission’s established sexual harassment policies at the time of the alleged wrongdoing. As these laws were just enacted additional penalties for non-compliance are in the process of being determined.

NEXT STEPS FOR EMPLOYERS:

• Employers who do not have a written sexual harassment policy need to make one. Employers who currently have a sexual harassment policy should immediately review the policy and update the policy if

IN WAKE OF THE #TimesUp AND

#MeToo MOVEMENTSNYS HAS MANDATED EMPLOYERS TAKE ACTION

Diana Plue, Esq., Sheats & Bailey, PLLC

necessary to include the information required under this new law. Employers should consult with legal counsel to make sure the written policy is in compliance with the new law.

• Employers should review their employment related forms, especially their severance and settlement agreement forms with regard to the arbitration and non-disclosure provisions of the new law.

• Contact insurance brokers and providers to insure proper coverage is in place for the inclusion of non-employees under the new law.

• Put in place a sexual harassment training program.

The information provided in this article is not intended

Page 25: Syracuse Builders Exchange - Since 1872Dimetri Wingate Plan Room Manager Lisa Peregoy Assistant Plan Room Manager Monica Noble Administrative Assistant Anne Marie D'Onofrio Administrative

KIRKWOOD, NY607-775-2006

ORCHARD PARK, NY716-662-2191

ROCHESTER, NY585-235-3011

SYRACUSE, NY315-452-4560

WE ARE A LEADER IN THE NEW, USED AND RENTAL

EQUIPMENT MARKETS

DUNMORE, PA570-346-1701

ATHENS, PA 570-882-8800

WATERFORD, PA814-796-2663

WILLIAMSPORT, PA570-494-4030

WWW.FIVESTAREQUIPMENT.COM

www.syrabex.com Fall 2018 • CONSTRUCTION CONTRACTOR 23

n the wake of the #MeToo and #TimesUp movements, New York State has passed new laws regarding sexual harassment. The New York State Law applies to all employers, no matter their size. These new regulations have also expanded the application of the New York

State Human Rights Law to a new class of individuals, non-employees.

Effective April 12, 2018, it is an unlawful employment practice for an employer’s employees to sexually harass non-employees, who are defined as contractors, subcontractors, vendors, consultants or any person who provides services under a contract in the workplace. Employers have the obligation to protect vendors, contractors etc. from sexual harassment.

The New Law Requires the Following:

1. Effective October 9, 2018, all employers must provide annual sexual harassment training. The training must be interactive and is required to include certain information. As the training must be interactive it is highly recommended that the training be in person.

2. By October 9, 2018, all Employers must have a written sexual harassment policy. The law requires the policy to contain mandatory elements such as: a) a statement prohibiting sexual harassment; b) examples of prohibited conduct; c) information on federal and state statutory provisions covering sexual harassment and the remedies available to victims; d) a standard complaint form; e) the company’s procedure for timely and

confidential investigations; f) information about an employees’ available remedies including the available administrative and judicial forums for resolving sexual harassment complaints; g) a statement that retaliation against an employee who reports sexual harassment is unlawful; h) a statement that sexual harassment is a form of misconduct and that sanctions will be enforced against those who engage in sexual harassment and supervisors who allow such behavior to continue; i) a statement that this policy applies to non-employees as well.

3. The new law prohibits mandatory arbitration of sexual harassment claims. However, arbitration provisions included as part of a collective bargaining agreement are excluded from this prohibition.

4. Effective July 11, 2018, non-disclosure provisions in agreements settling sexual harassment claims are prohibited unless inclusion of the non-disclosure is the complainant’s preference.

5. Beginning January 1, 2019 any employer submitting a bid to New York State or any of its public departments or agencies for a public contract will need to include under penalties of perjury a prescribed statement in the bid certifying compliance with the sexual harassment prevention policy and annual training requirement. Failure to provide such a certified statement may result in ineligibility for the contract. Providing a false certification of compliance may result in DOL issuing you a willful violation which can lead to disbarment and is a felony under NYS Penal Law.

PLEASE NOTE: NYC has enacted their own

Sexual Harassment Law which imparts additional requirements upon NYC employers. Employers who do work in NYC must comply with both NYS and NYC new sexual harassment laws.

WHAT HAPPENS IF YOU FAIL TO COMPLY?

Non-compliance with the new regulations can be used against you in court. The court may consider non-compliance as presumptive evidence that as an employer you tolerated such conduct and impose punitive damages. An employee who successfully proves sexual harassment may recover lost wages, lost benefits, damages for emotional distress and attorney fees.

Whereas, compliance can mitigate liability and damages by showing that you take sexual harassment seriously and as an employer you have a procedure in

place for handling sexual harassment claims. The NYC Human Rights Law allows for the deductions or elimination of civil penalties of up to $250,000 and punitive damages where employers can prove that they have effective policies, programs and procedures in place and have complied with the commission’s established sexual harassment policies at the time of the alleged wrongdoing. As these laws were just enacted additional penalties for non-compliance are in the process of being determined.

NEXT STEPS FOR EMPLOYERS:

• Employers who do not have a written sexual harassment policy need to make one. Employers who currently have a sexual harassment policy should immediately review the policy and update the policy if

IN WAKE OF THE #TimesUp AND

#MeToo MOVEMENTSNYS HAS MANDATED EMPLOYERS TAKE ACTION

Diana Plue, Esq., Sheats & Bailey, PLLC

necessary to include the information required under this new law. Employers should consult with legal counsel to make sure the written policy is in compliance with the new law.

• Employers should review their employment related forms, especially their severance and settlement agreement forms with regard to the arbitration and non-disclosure provisions of the new law.

• Contact insurance brokers and providers to insure proper coverage is in place for the inclusion of non-employees under the new law.

• Put in place a sexual harassment training program.

The information provided in this article is not intended

Page 26: Syracuse Builders Exchange - Since 1872Dimetri Wingate Plan Room Manager Lisa Peregoy Assistant Plan Room Manager Monica Noble Administrative Assistant Anne Marie D'Onofrio Administrative

General Contractor & Subcontractor

Bridge Replacement & Rehabilitation

Culvert Replacement & Rehabilitation

Dam Construction & Rehabilitation

Precast Concrete & Steel Erection

Structural Concrete

Earthwork & Grading

Transmission Tower Foundations

Cofferdams & Excavation Support

Value Engineering

Constructability Review

Design-Build

Winn Construction Services, Inc.74 Hudson River RoadWaterford, New York 12188Phone: 518-238-2210 Fax: 518-238-2211www.winn-construction.comAn Equal Opportunity Employer

East Coast Companies provides ‘CONCRETE’ solutions and ADVANCED maintenance programs for CNY

24/7 ON CALL Technical Facilities Support - 6713 Joy Rd, East Syracuse, NY 13057

24 CONSTRUCTION CONTRACTOR • Fall 2018 www.syrabex.com

continued on page 28

Sexual Harassment Law which imparts additional requirements upon NYC employers. Employers who do work in NYC must comply with both NYS and NYC new sexual harassment laws.

WHAT HAPPENS IF YOU FAIL TO COMPLY?

Non-compliance with the new regulations can be used against you in court. The court may consider non-compliance as presumptive evidence that as an employer you tolerated such conduct and impose punitive damages. An employee who successfully proves sexual harassment may recover lost wages, lost benefits, damages for emotional distress and attorney fees.

Whereas, compliance can mitigate liability and damages by showing that you take sexual harassment seriously and as an employer you have a procedure in

place for handling sexual harassment claims. The NYC Human Rights Law allows for the deductions or elimination of civil penalties of up to $250,000 and punitive damages where employers can prove that they have effective policies, programs and procedures in place and have complied with the commission’s established sexual harassment policies at the time of the alleged wrongdoing. As these laws were just enacted additional penalties for non-compliance are in the process of being determined.

NEXT STEPS FOR EMPLOYERS:

• Employers who do not have a written sexual harassment policy need to make one. Employers who currently have a sexual harassment policy should immediately review the policy and update the policy if

Page 27: Syracuse Builders Exchange - Since 1872Dimetri Wingate Plan Room Manager Lisa Peregoy Assistant Plan Room Manager Monica Noble Administrative Assistant Anne Marie D'Onofrio Administrative

General Contractor & Subcontractor

Bridge Replacement & Rehabilitation

Culvert Replacement & Rehabilitation

Dam Construction & Rehabilitation

Precast Concrete & Steel Erection

Structural Concrete

Earthwork & Grading

Transmission Tower Foundations

Cofferdams & Excavation Support

Value Engineering

Constructability Review

Design-Build

Winn Construction Services, Inc.74 Hudson River RoadWaterford, New York 12188Phone: 518-238-2210 Fax: 518-238-2211www.winn-construction.comAn Equal Opportunity Employer

East Coast Companies provides ‘CONCRETE’ solutions and ADVANCED maintenance programs for CNY

24/7 ON CALL Technical Facilities Support - 6713 Joy Rd, East Syracuse, NY 13057

24 CONSTRUCTION CONTRACTOR • Fall 2018 www.syrabex.com

continued on page 28

Sexual Harassment Law which imparts additional requirements upon NYC employers. Employers who do work in NYC must comply with both NYS and NYC new sexual harassment laws.

WHAT HAPPENS IF YOU FAIL TO COMPLY?

Non-compliance with the new regulations can be used against you in court. The court may consider non-compliance as presumptive evidence that as an employer you tolerated such conduct and impose punitive damages. An employee who successfully proves sexual harassment may recover lost wages, lost benefits, damages for emotional distress and attorney fees.

Whereas, compliance can mitigate liability and damages by showing that you take sexual harassment seriously and as an employer you have a procedure in

place for handling sexual harassment claims. The NYC Human Rights Law allows for the deductions or elimination of civil penalties of up to $250,000 and punitive damages where employers can prove that they have effective policies, programs and procedures in place and have complied with the commission’s established sexual harassment policies at the time of the alleged wrongdoing. As these laws were just enacted additional penalties for non-compliance are in the process of being determined.

NEXT STEPS FOR EMPLOYERS:

• Employers who do not have a written sexual harassment policy need to make one. Employers who currently have a sexual harassment policy should immediately review the policy and update the policy if

Page 28: Syracuse Builders Exchange - Since 1872Dimetri Wingate Plan Room Manager Lisa Peregoy Assistant Plan Room Manager Monica Noble Administrative Assistant Anne Marie D'Onofrio Administrative

Experience

Areas of Expertise Include:

• Financial statement audits, reviews and compilations• ��������������������������• ������������������������������• ��������������������• ������������������������• Development of internal controls• Fraud detection and prevention • Business valuation • �����������������������������

DM Financial Plaza | 221 S. Warren Street | Syracuse, NY 13202315-472-9127 | www.dmcpas.com

Joe HardickKen Gardiner

[email protected]

Joe Chemotti

[email protected]@dmcpas.com

For decades, clients have relied on our expertise to help keep their ������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������

���������������������������������������������������������������������������������������������������������������������������������������������������������������������

YOUR PARTNER IN BUILDING A SOLID FOUNDATION FOR FINANCIAL SECURITY

• To enhance accountability, employees’ annual performance review has a section dedicated to safety.

As of today, MJA has not experienced any other back injury claim; their experience modification has dropped to a 12% credit and they have had their full upfront discount returned.

Deluxe Roofing & Sheet Metal – Utica – LSM Group member since 2004

Oftentimes the key to an effective safety program is preplanning and designing in safety right from the beginning of the job. This was the case for Deluxe Roofing when they were awarded the job of reroofing the Holy Trinity Church in Utica, NY. Holy Trinity is a 100+ year-old historical landmark. It is 150 feet tall with an extremely steep roof pitch and a large number of ornate outcroppings, dormers and steeples.

With the two biggest issues on site being access and fall protection, LSM was brought in to discussion at an early stage. LSM suggested contacting the NYS DOL consultation service, as well as the local OSHA area office for additional guidance. It was agreed to have a professional scaffold company erect and enclose the front of the church and to use a 160-foot boom type platform to perform the work. The high pitch sides of the structure would be accessed by different types of boom. Deluxe purchased brand new personal fall arrest systems (PFAS) and life lines for work that could not be done from platforms. As the work began, it was clear that preplanning and consultations created a much safer work operation.

Pinnacle Roofing, Inc. – Schenectady – LSM Group member since 2004

Pinnacle Roofing had tried many times to implement an effective safety program. However their efforts were compliance and inspection driven and did not address the issue of changing the safety culture. Pinnacle was being surcharged on their workers’ compensation insurance; their experience modifier was over 1 and they had a history of OSHA citations.

Ownership, Chris LaVallee and Jeff Patrick, recognized they had to do something, so they hired a full-time safety director, Dan Jordan, and told him to reach out to Lovell for guidance. He was given their full commitment.

Dan immediately started showing up on job sites and making sure everyone had their PPE, and was wearing it. He points out safe behavior and compliments employees when they are engaged in the safety effort. Dan gives tool box talks, participates in the OSHA Safety Stand Down and shares what he finds as he visits sites. He also attends the weekly production/safety meetings to ensure that safety is addressed. Workers know that Dan and the owners want to work toward the common goal of getting the job done and doing it safely. Pinnacle now has a full discount and a 16% credit on their experience modifier.

These are just a few examples of how developing an effective safety program takes a team of people, working together to ensure employees are kept safe.

For more information on Safety Programs and other related programs you may contact Lovell Safety Management at 1-800-5-LOVELL or visit online at www.LovellSafety.com.

“Initially the program was in the mornings before the crews were dispatched for the day. The program has become so beneficial, guys are performing stretching after their lunch periods. The program has also become a great team builder.” “Lovell is an excellent resource for The MJA Company. They are consummate professionals. We are extremely satisfied.” Mark Finch, Safety Director.

The company did not stop there. They continued their safety efforts and:

• Utilized LSM safety policies as a guide and updated all their safety manuals.

• Had the NYSDOL Consulting services conduct air monitoring for silica to determine exposure.

• All employees attend an OSHA 10-hour program every three years. All site foremen and project managers attend the OSHA 30-hour program every 5 years and they hold weekly safety meetings.

orkplace injuries can have a profound effect on a company. To minimize the

potentially devastating effect on both employer and employee, a company needs to develop and implement effective safety and health programs specific to their potential hazards. The safety consultants at Lovell Safety Management, LLC, have worked with many companies over the years and we have had many success stories. We would like to share just a few:

The MJA Company - Buffalo – Concrete floor repair/renovation – LSM group member since 2010

In 2014, an MJA employee experienced a serious back injury. This one claim resulted in an increase of over 20% in their experience modification and a 15% decrease in the upfront discount they received on their workers’ compensation policy. In consultation with their LSM safety representative, MJA implemented a morning stretching program for all employees, including the owners. This still continues over 3 years later.

26 CONSTRUCTION CONTRACTOR • Fall 2018 www.syrabex.com

LOVELL continues

Page 29: Syracuse Builders Exchange - Since 1872Dimetri Wingate Plan Room Manager Lisa Peregoy Assistant Plan Room Manager Monica Noble Administrative Assistant Anne Marie D'Onofrio Administrative

Experience

Areas of Expertise Include:

• Financial statement audits, reviews and compilations• ��������������������������• ������������������������������• ��������������������• ������������������������• Development of internal controls• Fraud detection and prevention • Business valuation • �����������������������������

DM Financial Plaza | 221 S. Warren Street | Syracuse, NY 13202315-472-9127 | www.dmcpas.com

Joe HardickKen Gardiner

[email protected]

Joe Chemotti

[email protected]@dmcpas.com

For decades, clients have relied on our expertise to help keep their ������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������

���������������������������������������������������������������������������������������������������������������������������������������������������������������������

YOUR PARTNER IN BUILDING A SOLID FOUNDATION FOR FINANCIAL SECURITY

• To enhance accountability, employees’ annual performance review has a section dedicated to safety.

As of today, MJA has not experienced any other back injury claim; their experience modification has dropped to a 12% credit and they have had their full upfront discount returned.

Deluxe Roofing & Sheet Metal – Utica – LSM Group member since 2004

Oftentimes the key to an effective safety program is preplanning and designing in safety right from the beginning of the job. This was the case for Deluxe Roofing when they were awarded the job of reroofing the Holy Trinity Church in Utica, NY. Holy Trinity is a 100+ year-old historical landmark. It is 150 feet tall with an extremely steep roof pitch and a large number of ornate outcroppings, dormers and steeples.

With the two biggest issues on site being access and fall protection, LSM was brought in to discussion at an early stage. LSM suggested contacting the NYS DOL consultation service, as well as the local OSHA area office for additional guidance. It was agreed to have a professional scaffold company erect and enclose the front of the church and to use a 160-foot boom type platform to perform the work. The high pitch sides of the structure would be accessed by different types of boom. Deluxe purchased brand new personal fall arrest systems (PFAS) and life lines for work that could not be done from platforms. As the work began, it was clear that preplanning and consultations created a much safer work operation.

Pinnacle Roofing, Inc. – Schenectady – LSM Group member since 2004

Pinnacle Roofing had tried many times to implement an effective safety program. However their efforts were compliance and inspection driven and did not address the issue of changing the safety culture. Pinnacle was being surcharged on their workers’ compensation insurance; their experience modifier was over 1 and they had a history of OSHA citations.

Ownership, Chris LaVallee and Jeff Patrick, recognized they had to do something, so they hired a full-time safety director, Dan Jordan, and told him to reach out to Lovell for guidance. He was given their full commitment.

Dan immediately started showing up on job sites and making sure everyone had their PPE, and was wearing it. He points out safe behavior and compliments employees when they are engaged in the safety effort. Dan gives tool box talks, participates in the OSHA Safety Stand Down and shares what he finds as he visits sites. He also attends the weekly production/safety meetings to ensure that safety is addressed. Workers know that Dan and the owners want to work toward the common goal of getting the job done and doing it safely. Pinnacle now has a full discount and a 16% credit on their experience modifier.

These are just a few examples of how developing an effective safety program takes a team of people, working together to ensure employees are kept safe.

For more information on Safety Programs and other related programs you may contact Lovell Safety Management at 1-800-5-LOVELL or visit online at www.LovellSafety.com.

“Initially the program was in the mornings before the crews were dispatched for the day. The program has become so beneficial, guys are performing stretching after their lunch periods. The program has also become a great team builder.” “Lovell is an excellent resource for The MJA Company. They are consummate professionals. We are extremely satisfied.” Mark Finch, Safety Director.

The company did not stop there. They continued their safety efforts and:

• Utilized LSM safety policies as a guide and updated all their safety manuals.

• Had the NYSDOL Consulting services conduct air monitoring for silica to determine exposure.

• All employees attend an OSHA 10-hour program every three years. All site foremen and project managers attend the OSHA 30-hour program every 5 years and they hold weekly safety meetings.

orkplace injuries can have a profound effect on a company. To minimize the

potentially devastating effect on both employer and employee, a company needs to develop and implement effective safety and health programs specific to their potential hazards. The safety consultants at Lovell Safety Management, LLC, have worked with many companies over the years and we have had many success stories. We would like to share just a few:

The MJA Company - Buffalo – Concrete floor repair/renovation – LSM group member since 2010

In 2014, an MJA employee experienced a serious back injury. This one claim resulted in an increase of over 20% in their experience modification and a 15% decrease in the upfront discount they received on their workers’ compensation policy. In consultation with their LSM safety representative, MJA implemented a morning stretching program for all employees, including the owners. This still continues over 3 years later.

26 CONSTRUCTION CONTRACTOR • Fall 2018 www.syrabex.com

LOVELL continues

Page 30: Syracuse Builders Exchange - Since 1872Dimetri Wingate Plan Room Manager Lisa Peregoy Assistant Plan Room Manager Monica Noble Administrative Assistant Anne Marie D'Onofrio Administrative

Require custom embroidery or screen printing for your company? Provide your logo and we’ll do the rest!

Bruce Carhart • [email protected] • www.theideaworks-ny.com

Silkscreen & Embroidery All Promotional Products in USA

Member of Syracuse Builders Exchange

Rochester • Syracuse • WATERTOWN

Safety ShirtsSafety Vests

Construction Jackets

Bruce has your ticket to the moon in custom apparel!

O r d e r l o g i s t i c s p o w e r e d b y :

Custom EmbroideryImprinted Apparel

Promotional Products

28 CONSTRUCTION CONTRACTOR • Fall 2018 www.syrabex.com

necessary to include the information required under this new law. Employers should consult with legal counsel to make sure the written policy is in compliance with the new law.

• Employers should review their employment related forms, especially their severance and settlement agreement forms with regard to the arbitration and

non-disclosure provisions of the new law.

• Contact insurance brokers and providers to insure proper coverage is in place for the inclusion of non-employees under the new law.

• Put in place a sexual harassment training program.

The information provided in this article is

not intended to serve as specific legal

advice for any particular situation.

Competent legal and experienced counsel

should be consulted.

For more information you may contact Diana Plue, Esq. at Sheats & Bailey, PLLC, a law firm dedicated to serving the construction industry. Tel: 315-676-7314, Fax: 315-676-7189, d p l u e @ t h e c o n s t r u c t i o n l a w. c o m , www.TheConstructionLaw.com.

Sheats & Bailey continues

Page 31: Syracuse Builders Exchange - Since 1872Dimetri Wingate Plan Room Manager Lisa Peregoy Assistant Plan Room Manager Monica Noble Administrative Assistant Anne Marie D'Onofrio Administrative

Require custom embroidery or screen printing for your company? Provide your logo and we’ll do the rest!

Bruce Carhart • [email protected] • www.theideaworks-ny.com

Silkscreen & Embroidery All Promotional Products in USA

Member of Syracuse Builders Exchange

Rochester • Syracuse • WATERTOWN

Safety ShirtsSafety Vests

Construction Jackets

Bruce has your ticket to the moon in custom apparel!

O r d e r l o g i s t i c s p o w e r e d b y :

Custom EmbroideryImprinted Apparel

Promotional Products

28 CONSTRUCTION CONTRACTOR • Fall 2018 www.syrabex.com

necessary to include the information required under this new law. Employers should consult with legal counsel to make sure the written policy is in compliance with the new law.

• Employers should review their employment related forms, especially their severance and settlement agreement forms with regard to the arbitration and

non-disclosure provisions of the new law.

• Contact insurance brokers and providers to insure proper coverage is in place for the inclusion of non-employees under the new law.

• Put in place a sexual harassment training program.

The information provided in this article is

not intended to serve as specific legal

advice for any particular situation.

Competent legal and experienced counsel

should be consulted.

For more information you may contact Diana Plue, Esq. at Sheats & Bailey, PLLC, a law firm dedicated to serving the construction industry. Tel: 315-676-7314, Fax: 315-676-7189, d p l u e @ t h e c o n s t r u c t i o n l a w. c o m , www.TheConstructionLaw.com.

Sheats & Bailey continues

Page 32: Syracuse Builders Exchange - Since 1872Dimetri Wingate Plan Room Manager Lisa Peregoy Assistant Plan Room Manager Monica Noble Administrative Assistant Anne Marie D'Onofrio Administrative

We have UnparalleledClaims and SafetyServices

COST-EFFECTIVE, RISK-FREE COVERAGE FROM THE EXPERTS WITH OVER 80 YEARS OF EXPERIENCE.

• Cash-flow savings through high advance discounts

• Substantial savings from consistent dividends

• Improved experience ratings

• Safety programs resulting in fewer accidents and higher productivity

• Early medical intervention and return-to-work strategies

Join a Lovell Safety Group guaranteed cost program and share your group’s underwriting profits. As a member, you get:

Safe ty Pays D iv idendsLovell Safety Management Co., LLC 110 William StreetNew York, NY 10038-3935212-709-8600 1-800-5-LOVELL www.lovellsafety.com

Call Lovell today for a free, no-obligation quote on your Workers’ Comp Insurance.

LOV_Southern Tier CC Ad Fall 2018 A.qxp_Layout 1 8/13/18 9:36 PM Page 1