STA Pushes for "No Damages for Delay" Law

Subcontractors seek measure as part of their New York legislative program. Also, ACEC honors a pair of New York projects.

National ACEC Honors N.Y. Firms

Two New York firms have been named finalists in the 41st Annual Engineering Excellence Awards Competition administered by the American Council of Engineering Companies.

A New York-based joint venture of Gannett Fleming and Hazen and Sawyer was recognized for its work on the Catskill Watershed Turbidity Control Studies in New York's Schoharie, Greene, and Delaware counties.

The project team identified several alternatives to using alum in the treatment process to control turbidity in New York City's drinking water, about 40% of which is provided by the Catskill Watershed. The alternatives developed include a quality-quantity computer system that automatically taps water from reservoirs with the lowest turbidity at a given time.

In addition, HDR/LMS of Pearl River, N.Y., was named a finalist for its design of a 56-mi undersea and underground, high-voltage transmission line between Sayreville, N.J., and North Hempstead, N.Y.

After the blackout of 2003, the Long Island Power Authority contracted with Neptune Regional Transmission System of Fairfield, Conn., to stretch a 660-MW direct contact cable between New Jersey and Long Island. HDR/LMS also provided permitting, planning, engineering design, and compliance services.

STA Seeks Albany Support

The Subcontractors Trade Association recently rolled out its eight-bill legislative program for the 2007 session of the New York State Legislature, with hopes that this year the elusive "No Damages for Delay" bill will clear both houses.

Seven of the bills had been introduced in both the Assembly and Senate by early spring, but STA officials have one eye cocked at all times toward their top priority in Assembly Bill 1994 and Senate Bill 2153 - the "no-damages-for-delay" measure.

"If we get just one thing passed all year, 'no damages for delay' is the one we want," says Ron Berger, the STA's executive director. "Without question, that's the priority."

Passage of the bill would allow contractors and subcontractors on public projects to recover damages caused by unreasonably long delays caused by the owner.

"Right now, the amount of risk on the subcontractors in these situations is unbelievable," Berger says.

The bill got through the Senate last year with a 59-0 vote before stalling in the Assembly's Rules Committee in a dispute over its final language.

Other legislation the STA is supporting in Albany includes:

o Assembly Bill 3145/Senate Bill 1660, which would require retainage on private projects valued at more than $250,000 to be placed in an interest-bearing escrow account

o Assembly Bill 2854/Senate Bill 2137, known as the "Retainage Reduction" bill, which would require a 50% reduction in retainage on public works projects after half of the project is finished, and

o Assembly Bill 2687, which would require architects and engineers to review and approve all design work that is contracted out.

BCA of N.J. Issues Safety Awards

Eleven firms recently took home the highest safety honor bestowed by the Building Contractor's Association of New Jersey for finishing 2006 without losing a single workday due to an on-the-job accident. The BCA presented the awards at a joint gathering with the Construction Roundtable of New Jersey, while also honoring five firms ending 2006 with "lost work day rates" below the national average.

The 11 BCA firms receiving the "Zero Lost Workdays" award were: Berkowsky & Associates of Cranbury; Clemens Construction of Philadelphia; Damon G. Douglas Co., of Cranford; Willard Dunham Construction of South Plainfield; Fitzpatrick & Associates of Tinton Falls; Albert Garlatti Construction of New Brunswick; Hall Construction of Howell; Henderson Corp. of Raritan; March Associates of Wayne; Joseph A. Natoli Construction of Pine Brook; and Vericon Construction of Westfield.

The five firms receiving "Lost Workday Incidence Rate Below the National Average" recognition were: Bovis Lend Lease in Princeton; Piscataway's Epic Management; Fromkin Brothers of Edison; Torcon Inc. of Red Bank; and Turner Construction in Somerset.

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