GBC Reports..., April 1, 2003

Progress on Labor Law 240 - Assembly Bill Introduced
Assemblyman Joe Morelle, Democrat of Rochester, has now introduced the Assembly version of the construction industry's effort to reform Labor Law 240 and 241 to change the absolute liability standard. (This is a companion to S.1710 by Volker.) Significantly, A.7213 has been introduced with several Democratic co-sponsors from throughout the state: 

RoAnn Destito - Mohawk Valley 
Joan Christensen - Syracuse
Robin Schimminger - Buffalo 
Michael Cohen - Queens
Jacob Gunther - Hudson Valley 
Ruben Diaz - Bronx
Steven Cymbrowitz - Brooklyn 
Sandy Galef - Westchester
Vito Lopez - Brooklyn 
Paul Tonko - Amsterdam
William Magee - Mohawk Valley 
Darryl Towns - Brooklyn
Frank Seddio - Brooklyn

At the same time, the Assembly Republican Minority Conference, consisting of 47 Republican Assembly Members, introduced a comprehensive tort reform bill, which includes reform of Labor Law 240 and 241. The bill uses some of GBC's reform language from previous years. 

The GBC Executive Director participated last week in a panel discussion at Small Business Day in front of 400 frustrated small business advocates on this issue. GBC also met last week with representatives of Governor Pataki's office to urge his greater involvement in this issue. If the Governor joins Senate Majority Leader Joe Bruno and the Assembly Minority, it can only help achieve the greater momentum we need to move forward. GBC is also working with the homebuilders, numerous contractor groups, insurance carriers and agents, the Business Council, downstate contractor groups, New Yorkers for Civil Justice Reform and the Medical Society to move this and other tort reform issues. 

On April 29th New Yorkers for Civil Justice Reform will hold a lobby day in Albany. We're looking for ten committed GBC Members to come to Albany that day and help the cause. On May 20th the Medical Society of New York will hold 20 regional "Stand-Up" events to underline the need for reform. The doctors have invited the construction industry to join. We could use some hard-hatted (and -headed) construction leaders and maybe even some colorful equipment to support the effort and get some press attention. Mark your calendars. Also on May 20th, we are working with others to sponsor an event in Albany in the evening that might include the Governor. More to follow on all of this. 


AGC Convention Honors GBC Members and Staff 
The 84th Annual AGC Convention was held during the third week of March in sunny and warm Honolulu. Several GBC Members received noteworthy honors: 

Ciminelli, Turner, Bovis and Pizzagalli Win Build America Awards: The Ciminelli Construction Companies of Buffalo won for its renovation of the Niagara Gorge Access Project. Turner and Bovis of New York City received special recognition for their outstanding work at the World Trade Center site - Turner for the reconstruction of the Winter Garden and Bovis for ground zero disaster recovery. Pizzagalli won two awards for a museum restoration and a water reclamation project in neighboring Vermont. 

National Safety Award: Bovis of New York City was a third place finalist in the large construction management category for excellence in safety. 

Life Director: Ralph Johnson of Turner was named a Life Director of AGC. 

National Director: David Rubin of Sano-Rubin Construction in Albany was elected again to a three-year term as a National AGC Director representing the GBC.

ELC Elects GBC Executive Director President: The AGC's Executive Leadership Conference elected GBC Executive Director Jeff Zogg its President for the coming year. The ELC represents the staff leaders of the 100 AGC Chapters. Its President has the privilege of serving on the AGC Executive Board, the AGC's main governing body. 


AGC Chapter of Year - GBC a Close Second
Every year the AGC holds a contest for Chapter of the Year. This year GBC entered the competition, believing our ability to weather the aftermath of 9/11 and maintain stable, productive services was worthy of consideration. We're disappointed, but proud to say of the many contestants GBC finished a close second to the Oregon Chapter for this year's award. Reportedly, the top couple of entries were so impressive, they will be published by AGC as an example of high performing construction associations. While we didn't take home the prize, it's nice to be recognized. 


New GBC Website Feature
Check out our homepage for our latest new feature, the GBC Member Project of the Month. Carey Construction was the first Member to submit a photo and information. 

If you have a project you'd like us to feature, send the information to pamm@gbcnys.agc.org, or mail to Pam Martin at the GBC. Include a photo of the project - it is important that the photo be under 60k and in .jpg format. If you can't submit an electronic file, send a good-quality photo and we can scan it here. Also include a short description of the project (no more than 40 words), including location and completion date. Finally, include your website address, if you have one.


Welcome New Members!
We're pleased to welcome this new Specialty Member:
Trainor Glass Company, Newark, NJ. Represented by Seth Rappoport, VP.


Practical Construction Law Forum 
Jack S. Kannry, Esq., P.E. of GBC Associate Member firm Berman, Paley, Goldstein & Kannry, LLP, will host a half-day program on "Practical Construction Law and Business Issues for Westchester, Rockland and Hudson Valley Contractors" from 8 a.m. until noon on April 23rd at the Tarrytown Hilton. Admission is free and is open to all who register. Registration information can be obtained from Brendan Manning at GBC at 518-869-2207.


AGC Convention Events
AGC Releases Mold Report: The problem of proliferation of mold on construction projects and what to do about it was one of the highlights of the Convention. AGC released a 35-page report entitled "Managing the Risk of Mold in the Construction of Buildings." The entire text of the report will appear in the AGC Constructor magazine soon. The document seeks to identify most of the decisions that can significantly increase or decrease the risk. One of the co-authors of the document is Steve Charney, Esq. of GBC Associate Member Peckar & Abramson in New York City. GBC will hold a half-day seminar in New York City in late May with Peckar & Abramson on this subject. 

Building Trades President Addresses AGC Forum: National Building Trades President Ed Sullivan spoke to the AGC's Union Contractor Forum at the Annual Convention. The bulk of his remarks surrounded the need to work on resolution of growing jurisdictional dispute problems throughout the United States. He also talked about workforce development, apprenticeship training, Helmets to Hard Hats programs to recruit veterans to the building trades, use of Canadians to meet worker shortages without burdensome immigration issues, and finally, and most interestingly, the use of "smart cards" by workers to access jobsites. This could be a unique way to deal with security, experience, qualification, citizenship and safety training issues. The smart card is in the development stage. 

AGC and AIA - Walking in Each Other's Shoes: The main feature of the AGC Building Division Meeting in Honolulu was a presentation by the President of the American Institute of Architects. He talked about a program he and new AGC President Jack Kelly support to "walk in each other's shoes." David Penney, a South Carolina architect, spent a day involved in a bid at President Kelly's Maine office and came away with a whole new appreciation for contractors and their risks. GBC's growing Design Council efforts might take a look at this interesting program to understand each other's perspective a little better. 

AGC Signs Partnering Agreement with EPA: AGC has invested a great deal of time in recent years developing a stronger array of services in the environmental area and a stronger relationship with the Environmental Protection Agency. At the recent Convention, AGC signed a partnering agreement with EPA, pledging to work closely together on construction industry issues. We are the only construction industry association to have such a relationship with this important regulator. 


GBC Holds Productive Meeting with New SCA President 
GBC held its first liaison meeting last week with the New York City School Construction Authority since SCA President Bill Goldstein took the reins. We had waited, at SCA's request, until the dust settled and Mr. Goldstein got his feet under him. In all it was a productive meeting where we discussed:

• Their upcoming market, which has been significantly curtailed
• Some unique and creative ways to increase that market and provide for more schools
• The significant staffing reductions and what they will mean to the general contractor
• Change orders where there have been some limited reports of improvement since the unit has been moved to project management
• A streamlined prequalification form and process
• The elimination of the 5% closeout line item
• Improvement of attitude in the field
• A variety of other issues

In the end, President Goldstein asked why relatively few of our Members were in attendance. We pointed out that many had decided the SCA was not a market they wished to pursue further. In response, he requested that we make a special effort to include some of those Members in future meetings to discuss frankly what soured them and, more important, what will bring them back. We will be meeting quarterly. 


AGC Building Division to Meet in NY 
The AGC Building Division will hold its summer meeting at The Sagamore Resort in Bolton Landing on Lake George, June 25-28, 2003. All GBC Members who serve on AGC Building Division Committees will have a convenient chance to attend. Many contractors believe this meeting is as beneficial as most AGC Conventions and it's convenient and economical. 


Upcoming Events
Please check the GBC Calendar for a complete list of upcoming events, with links to registration forms.