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PRESIDENTIAL ADDRESS
As my first official duty as President of IFCA, I would like to take this opportunity to thank Dane Shiplee for his time, effort and the leadership he has provided this organization over the past two years. I would also like to thank all the members for your confidence in appointing me to this trusted position.
So at this time, I would like to pass on some thoughts that I feel are important to me, and hopefully, you will feel the same.
Through IFCA's relationships with the Carpenters, Laborers, D.C. 21, our affiliation with AWCI, and the many services that are offered, it is our goal to give our members the tools and help in order to make US better informed and more competitive. Please take a few minutes to review the IFCA membership book, and in particular, page 39 under Services. I'm sure you will find a program or benefit that you may not be taking advantage of - . perhaps it might be worth some investigating into how it could benefit your business.
This Association is here for our benefit so please feel free to call with any questions or concerns you might have.
Kim Clerkin is there to assist you in any way, if she is unable to answer your question, she may have a source in her vast list of contacts that may be able to help or lead you in the right direction.
As I said at the beginning of this letter, this organization is IMPORTANT to me and I hope very important to you. So I ask for your support and help in making IFCA, already a great organization, even better in the future.
--Tony Iannucci, President of IFCA, Aimm Philadelphia Installations, Inc. (856-546-1212)
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| WHAT'S NEWS WITH THE UNIONS?
METROPOLITAN REGIONAL COUNCIL: 
- Congratulations to Ed Coryell on being re-elected. IFCA wishes Ed continued success in his leadership role with the carpenters.
- Our Productivity Committee continues to meet with Joe Durkin and his team to discuss production and efficiencies as well as curriculum. The next meeting with the foremen and the employers is scheduled to take place in October.
- The GRAND OPENING of the Training Center is scheduled for October 21st.
- PLEASE NOTE that our contract with the carpenters expires on April 30, 2006. We encourage our members and industry contributors to contact us with their concerns. IFCA's internal representatives for the upcoming negotiations are Gary Blaszczyk, Tom Clerkin, Frank Lutter, Chris McElwee, Steve Ruggieri & Ray Shoemaker.
- Job Starts: Fax your Job Starts to the Metropolitan Regional Council (215-569-0263).
INTERNATIONAL UNION OF PAINTERS & ALLIED TRADES DISTRICT COUNCIL 21 ("DC 21"):
- Washington has drafted a new International Agreement for those members that travel. The association's legal counsel will review it and will provide us with comments at our October 3rd General Membership meeting.
- PLEASE NOTE that our contract with the IUPAT expires on April 30, 2006. If you have an industry concern, feel free to share them with the association. IFCA's representatives for the upcoming negotiations are Chris McElwee, Steve Ruggieri & Harry Skelton.
- Join IFCA in congratulating Ruben Macias on his new appointment of District Council 21 Joint Apprentice Representative. Ruben will report back to Kim Clerkin after each meeting.
- Job Starts: You are required to send in Job Starts for each job; refer to page 63 of our agreement for specific language. DC 21's fax # is 215-677-3877.
LABORERS' DISTRICT COUNCIL ("LDC")
- Wade Stevens is interested in meeting with IFCA contractors to discuss union work in the counties. Please contact the association office if you wish to participate in this meeting.
- Our agreement with the LDC expires on April 30, 2006. IFCA's representatives for the upcoming negotiations are Gary Blaszczyk, Frank Lutter & Chris McElwee. Please contact IFCA with any of your industry concerns.
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OSHA 30 Hour Training Program The Mid-Atlantic Safety Council offered a fall OSHA 30 Hour Training Program. If you missed out and have an OSHA 30 need, contact IFCA to find out when the next program will be offered and/or to discuss an alternative plan.
Membership Requests: To obtain membership information, contact Kim Clerkin. Industry Contributors are entitled to a few benefits but to receive the ones that are most beneficial you must join. Call today-help us protect our union construction industry.
Finish First Awards: Again-thanks to all sponsors especially our Title Sponsor, Lafarge North America. Save the date for next year's event-June 2, 2006. The enclosed insert shows off our winners and guests having a good time.
Membership Appreciation/Recruitment Party: IFCA THANKS Bob Sullivan for making Concord Country Club available to us for this event. For the first time we held a putting contest - IT WAS A BLAST - the lucky winners were Jean Ruggieri and John Matter. Our recruitment efforts were successful too - we acquired 3 new members. IFCA is just crazy about ALL of our members and wish to thank them for their continued support.
The line-up for Guest Speaks at our monthly General Membership meetings is as follows:
- October: Tim Woolford talks about "Construction Project Documentation: What Documents Should Be Maintained To Give you the Best Chance to Succeed on your Claim."
- November: Katharine Lievense will provide us with a Construction Forecast as it relates to our union construction industry.
- January: Ken Kleinman, IFCA's OSHA expert, will give us the latest scoop on OSHA.
- February: Hear what Kirk Wolgenuth has to say about Workemen's Compensation.
Fall Day: The Mid-Atlantic Safety Council presents Fall Day 2005. The purpose of this seminar is to display the latest in fall protection technologies, fall prevention techniques, demonstrations of fall equipment, what to do in case of a fall, etc. September 30 is open to construction managers, general contractors, general trades & safety managers. Contact IFCA if you plan to attend and need details.
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" Start off right with an IFCA Contractor"
- Addax Construction Co., Inc. (610) 353-3110
- Aimm Philadelphia Installations, Inc. (856) 546-1212
- All Surfaces Plastering, Inc. (856) 354-6046
- American Interior Construction, Inc. (610) 356-6544
- Associated Specialty Contracting, Inc. (610) 364-9622
- BCT Walls & Ceilings, Inc. (215) 504-0542
- Blasz Construction, LLC (215) 942-8630
- Brookside Construction Co. Inc. (856) 582-1579
- Ceilings Inc. (610) 279-8989
- Del Mont Const. Group, LLC (215) 402-9400
- Elite Drywall, Inc. (856) 719-1300
- Fastrack Construction, Inc. (215) 542-7515
- Hagen Construction, Inc. (215) 633-7540
- Landco Inc. (215) 331-8044
- Frank T. Lutter, Inc. (215) 646-2828
- Guy C. Long, Inc. (610) 876-5556
- MVP Interiors LLC (856) 262-9955
- Merchant Const. Co. (856) 686-9440
- Molloy Construction (610) 853-5468
- NSK Contracting, Inc. (215) 672-5516
- Katzianer Construction Co., Inc. (215) 491-6200
- Knoblauch Builders, Inc. (215) 639-7071
- Penn Acoustics, Inc. (215) 343-4626
- Peter Bradley Construction (215) 624-2354
- Philadelphia Construction Services (610) 644-2400
- Plumbline Construction, L.L.C. (215) 659-6614
- R & P Construction of NJ, Inc. (856) 753-1003
- Raymond Shoemaker, Inc. (215) 457-0101
- Sloan & Company (215) 447-9917
- Supreme Ceilings, Inc. (610) 374-1200
- T.N.T. Construction (215) 953-8220
- Talon Construction Co. Inc. (215) 441-6320
- Toltec, Inc. (215) 245-7263
- Toro Acoustical, Inc. (610) 521-0885
- Union County Const. Group, Inc. (856) 456-8845
- W. M. Moyer Company (215) 536-6710
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SAFETY SEGMENT
Safety Training
Craft workers learn their trade from classes, journeymen, and first hand experience. Experience is a great teacher, but when it comes to safety, it often provides harsh lessons. However, safety training can instruct us on safe work practices without needless injury.
Shortsighted contractors see the cost of training without recognizing the benefit to an individual and to the business. The National Safety Council's Construction Safety News reported that a survey of 151 members of the National Utility Contractors Association showed that employers which did not provide training had an average OSHA recordable injury rate of 5.78 but those that offered training averaged a recordable injury rate of 2.56. Injury rate used here is the percentage of the employees that year that were injured seriously enough to have the case recorded on the OSHA 300 Log. Safety training saves injuries.
A study of more than 8,000 construction laborers published last year in the Journal of Occupational Medicine showed that training reduced the number of worker compensation claims overall. Among young workers (16 to 24 year olds) training was associated with a 42 percent reduction in worker compensation claims. Safety training pays.
Safety professionals have long recognized the value of safety training in injury prevention. In addition to OSHA regulations, such as ladders, hazardous chemicals, and personal protective equipment, which specify safety training requirements, 29CFR1926.21(b)(2), found in the General Safety and Health Provisions of the OSHA regulations states:
"The employer shall instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards or other exposure to illness or injury."
Safety training is the law.
One of the services the Mid Atlantic Construction Safety Council offers in our region is the OSHA 30-Hour Outreach Training. Classes are regularly scheduled at the Montgomery County Fire Academy in the fall and winter, and may be available at other times and locations. All instructors are members of the Council and have been active in safety and health for many years. Individuals completing the course receive an OSHA 30-hour card, which is recognized throughout the construction industry. Every contractor should evaluate its safety and health training needs and consider this valuable resource.
Deane Smith, PE, ARM; Member, Mid Atlantic Construction Safety Council; August 2005
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ROBIN KRAMER SAYS...
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- Robin Kramer & Green, LLP
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- 425 Commerce Dr.
Ft. Washington, PA
215-641-8300 (O)
215-641-8335 (F)
info@rkgcpa.com
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Don't Ignore Your Social Security
Each year, you should receive an earnings from the Social Security Administration. It's tempting to glance at the statement and stick it in a drawer, especially if your retirement is years away. But resist the urge. Instead take a few minutes to review the information in your statement. Look for four key items.
Your lifetime earnings record. A table in the statement shows your social security earnings for each year. You should check that the numbers for the last two or three years match the amounts shown in your records. If the numbers don't agree, it's important to contact the Social Security Administration and correct the error. If you don't, it could affect your future benefits. Note that the total for the most recent year may not include all of your earnings for that year. If this is the case, be sure to check the number again when you receive your next year's statement.
Your projected retirement benefits. The statement shows the estimated amount you'll receive at full retirement age, assuming you continue working. This is a key number for your retirement planning.
Your full retirement age. This is the age when you'll be eligible for full social security benefits. Traditionally, full retirement age was 65. But if you were born in 1938 or later, you'll have to work a little longer to draw full benefits - perhaps up to age 67. The statement will show the full retirement age for your birth year.
Your reduced benefit if you retire early. This shows the reduced benefit you'll receive if you retire at age 62. This number can help you decide the trade-offs if you're thinking of retiring early.
For most of us, social security benefits are likely to be an important part of retirement income. It's important to review your statement carefully and correct any mistakes. The statement also gives you key information that you need to build your retirement plan.
Contact Robin Kramer & Green if you have any questions about retirement.
For questions, please feel free to contact Steve Green, Murray Greenberg or David Kramer.
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SCHEDULE OF BILLING RATES FOR ROBIN KRAMER & GREEN, LLP
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Name
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Accounting
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Tax
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Consulting
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Bookeeping
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Steven M. Green, CPA
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$155.00
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195.00
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195.00
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100.00
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David J. Kramer, CPA
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n/a
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195.00
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195.00
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n/a
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Murray N. Greenburg,
CPA, CVA
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155.00
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195.00
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195.00
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100.00
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Phillip Kramer, CPA
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155.00
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195.00
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195.00
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100.00
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Stuart A. Katz, CPA, MST
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n/a
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195.00
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195.00
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n/a
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Arthur Havsy, CPA
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155.00
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195.00
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195.00
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100.00
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Mark Cieri
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110.00
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125.00
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125.00
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90.00
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Luba Ennis, CPA
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140.00
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180.00
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180.00
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95.00
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Lorraine Hagen
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85.00
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135.00
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n/a
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55.00
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Marlene Sokolow
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n/a
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55.00
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n/a
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55.00
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Alanna Wilson
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n/a
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55.00
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n/a
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55.00
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TAKE IT FROM KIM
Great Job "X": Dane Shiplee led our organization through negotiations, developing a good working relationship with union officials in New Jersey as well embracing every IFCA task thrown his way - his newsletter articles were FAMOUS (although occasionally I did do a little editing). Time flies!!! I wish to thank you personally for your efforts-it was a pleasure working with you.
Guess What? We've got THREE new members!!! Join me in welcoming Landco Construction, Molloy Construction & T.N.T. Construction.
IFCA's Web Site: I am pleased to inform you that our web site is undergoing an extreme make-over! All changes will be ready for you to view late Fall.
Yes - we have new Officers and Board members! On August 1st, the following individuals were appointed to serve as our 2005-07 Officers & Board of Directors:
- Officers: Tony Iannucci, President; Ray Shoemaker, Vice President; Harry Skelton, Secretary/Treasurer & Kim Clerkin, Executive Director.
- Board of Directors: Gary Blaszczyk, Tom Clerkin, Tony Iannucci, Frank Lutter, Chris McElwee, Ray Shoemaker, Harry Skelton & Dane Shiplee. Tony Martinelli, Al Ruggieri & Jim Stoneback remain emeritus.
In addition, IFCA spoke about the annual Budget, upcoming negotiations and all association programs and activities.
The rumor's TRUE - I have a new last name - you can call me Kim Clerkin. On June 26th Tom and I exchanged our wedding vows; the day was perfect!!!
Do you take advantage of all of our Benefits & Services? Here's one you may not have realized - AWCI can provide you with Tool Box Talks, and in fact, IFCA sent all members a FREE copy of the publication two weeks ago. In addition, all members will receive AWCI's revised Safety Software - if you purchased this on your own it would cost you $450! Questions related to IFCA's benefits and services should be directed to Kim.
Our new president, Tony Iannucci, is already tackling IFCA tasks. The 2005-07 Committees have been selected and we are excited about the upcoming year. PLEASE do not hesitate to contact either one of us with any of your union industry concerns.
Worker's Compensation: The association is developing a new member benefit and hopes to launch it soon. Look for the printed details shortly.
"The time is always right to do what is right." -Martin Luther King, Jr.
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IFCA’s Officers (2005-07)
Anthony Iannucci, President
Aimm Philadelphia Installations
Raymond Shoemaker, Vice President
Raymond Shoemaker, Inc.
Harry J. Skelton, Secretary/Treasurer
Talon Construction Co., Inc.
Kimberly A. Clerkin, Executive Director
IFCA’s Board of Directors (2005-07)
Gary Blaszczyk
Blasz Construction, LLC
Thomas P. Clerkin, Jr.
Ceilings Inc.
Frank T. Lutter
Frank T. Lutter, Inc.
Christopher McElwee
Fastrack Construction, Inc.
Anthony J. Martinelli, Emeritus
Toro Acoustical
Albert N. Ruggieri, Emeritus
American Interior Construction, Inc. (retired)
James W. Stoneback, Emeritus
W.M. Moyer & Company
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LEGAL NOTES FROM STEVENS & LEE
THE ABILITY OF CONTRACTORS AND SUBCONTRACTORS TO RECOVER FROM DESIGN PROFESSIONALS FOR DEFECTIVE PLANS UNDER PENNSYLVANIA LAW
Pennsylvania courts routinely have barred contractors and subcontractors from bringing actions against design professionals due to the lack of contractual relationship between them. The rules have changed recently. Now, architects and engineers are no longer immune from negligence suits by contractors and/or subcontractors under Pennsylvania law. Bilt-Rite Contractors, Inc. v. The Architectural Studio, 2005 Pa. LEXIS 99 (Jan., 2005). If a contractor and/or subcontractor can prove that his extra costs were due to errors and omissions in the plans and specifications provided by design professionals, he can bring a direct action against the design professional without implicating or involving the owner. Before the Bilt-Rite case was decided by the Pennsylvania Supreme Court, a contractor and/or subcontractor seeking to recover additional costs due to design errors had to bring a claim against the owner who, by virtue of the implied warranty of the adequacy of the plans and specifications, could be liable to the contractor/subcontractor for latent design errors.
In the Bilt-Rite case, the Supreme Court of Pennsylvania held that contractors and/or subcontractors can recover from design professionals for additional costs that they may incur due to errors in the plans and specifications. In that case, Bilt-Rite was the general trades contractor who, among other things, was responsible for installation of the aluminum curtain wall, sloped glazing and metal support systems in a new school. During construction, Bilt-Rite incurred significant additional costs because the design of the systems was defective, and required the company to use expensive and special construction methods and design tables in order to complete the project. Bilt-Rite brought an action against the design professional for negligent misrepresentation, alleging that it negligently misrepresented that the systems could be installed with the use of normal means and methods. The trial court and Superior Court rejected this argument, and dismissed the case citing the economic loss rule, which provides generally then in absence of a contractual relationship, an injured party cannot recover on a theory of negligence for purely economic losses.
The Supreme Court reversed the lower courts' decisions, and held that Bilt-Rite stated a valid cause of action against the design professional for negligent misrepresentation even though there was an absence of a contractual relationship. In reaching its decision, the Supreme Court relied on Section†552 of the Restatement (Second) of Torts, entitled "Information Negligently Supplied For The Guidance Of Others". Section†552 provides, in pertinent part:
One who, in the course of business, profession or employment, or in any other transaction in which he has a pecuniary interest, supplies false information for the guidance of others in their business transactions, is subject to liability for pecuniary loss caused to them by their justifiable reliance upon the information, if he fails to exercise reasonable care or competency in obtaining or communicating the information.
The Supreme Court concluded that the defendant provided plans and specifications fully aware that these documents would be included in the bid package and would be relied upon by prospective bidders. As a result, the Court ruled that liability should flow directly to them. In reaching its decision, the Supreme Court focused on five factors:
- Design professionals know their designs will be utilized by others;
- Design professionals occupy a central role in the construction planning process and there is no reason to immunize them from negligent preparation of plans and specifications;
- The liability is not endless and is limited only to those contractors/subcontractors whom the design professionals can foresee would be harmed by the errors;
- It is not unreasonable to place a duty upon design professionals to contractors and/or subcontractors; and,
- Establishing a duty from design professionals to contractors and/or subcontractors is in the best interest of the public.
Accordingly, in consideration of these factors, the Supreme Court concluded that Bilt-Rite could recover the economic losses it suffered as a result of misrepresentations included in the plans.
In light of the Bilt-Rite decision, if you believe that you have incurred or are incurring losses due to design errors, it is of the utmost importance that you keep accurate and complete records of the cost and the design defects that cause them. Under Bilt-Rite, you may be entitled to sue the design professional directly, as opposed to the owner, in order to recover these losses.
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Kimberly A. Wetzel, Executive Director
Valley Forge Office Center
676 E. Swedesford Rd., Ste. 300
Wayne, PA 19087
Phone: 610-225-1050
Fax: 610-225-1052
E-mail: kimclerkin@attglobal.net
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"START OFF RIGHT WITH AN IFCA CONTRACTOR" |
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20 05 FINISH FIRST AWARDS
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CALENDAR—WHAT'S NEXT?
| October 2005: |
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| 10/03 |
Board of Directors Meeting |
| 10/03 |
General Membership Meeting |
| TBD |
Productivity Committee Meeting |
| November 2005: |
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| 11/07 |
Board of Directors Meeting |
| 11/07 |
General Membership Meeting |
| 11/07-10 |
The Painters & Allied Trades LMCI 2005 Finishing Industries Forum |
| December 2005 |
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| 12/05 |
Member Holiday Party |
| 12/12 |
Board of Directors Meeting |
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©1999-2005 Interior Finish Contractors Association
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