Category: 2026

Deep Expertise. Seeing the Bigger Picture. How OneGroup’s expanding surety capabilities bring insurance, risk management and specialized construction expertise together to help contractors protect what they’ve built and prepare for what’s next.

Posted on by admin

By Tami S. Scott


In the vast, ever-changing construction industry, OneGroup offers companies of all sizes access to experts who understand the risks, demands, and opportunities that come with running a construction business. A leading independent provider of insurance, surety services, risk management, employee benefits and HR consulting, OneGroup provides tailored protection and business solutions for individuals and businesses.

“Contractors don’t need another insurance broker,” said Pierre Morrisseau, OneGroup CEO. “They need an adviser who understands [that] risk, insurance, financial strength and surety intersect with the way they actually run and grow their businesses. Much has changed in the contractor’s world, especially risk, but risk isn’t a silo. We look holistically at the business so it’s a relationship, not a vendor transaction as individual agencies have in the past.”

The Syracuse, New York-based firm launched in the late 1980s when two reputable family-owned insurance agencies joined to form Bailey & Haskell Associates Inc., bringing a combined century of experience serving clients. In 2000, another agency strengthened the firm further by expanding its regional reach. Thus, Bailey, Haskell & LaLonde (BHL) was born.

As clients’ needs evolved, so did BHL. The company expanded beyond insurance, offering employers employee benefits and human resources consulting through a new Benefit Consulting Group (BCG). By 2014, with multiple agencies now part of its core, the company brought them together under one culture and rebranded as OneGroup.

“Over the years, OneGroup has evolved from an insurance agency into a broader advisory partner because our clients’ needs have evolved,” said Morrisseau. “Our goal is to bring the right expertise to the table and, just as importantly, understand how those areas connect. For contractors, that means looking beyond the policy or the bond and understanding the business as a whole, so we can help them manage risk today and prepare for where they want to go tomorrow.”

Today, OneGroup employs over 250 people and serves clients from across the country and internationally. It prides itself on being “a mile wide and a mile deep,” offering contractors access to specialized areas of expertise while understanding how those areas intersect.

That philosophy is also behind OneGroup’s expansion of its surety capabilities with the addition of Chris and Kelly Shea to the team. With a combined 75 years of experience in surety bonding, commercial insurance and risk management, the Rochester-based team adds another layer of expertise for contractors, navigating the connection between risk, bonding capacity and growth. The goal is not simply to secure a bond when a project requires one, but to help contractors understand how their overall risk and financial picture can affect their ability to compete for new opportunities.

OneGroup works with contractors seeking their first bond as well as established firms looking to strengthen an existing program. The goal is not simply to issue a bond, but to help the contractor understand what a surety partner will evaluate and to build a credible case for capacity.

That breadth also extends to the insurance marketplace. As an independent broker, OneGroup works with more than 250 insurance carriers, giving its professionals the ability to evaluate multiple options and develop solutions tailored to each client’s needs.

A relationship, not a transaction

Personable, gracious, sincere, loyal — and deeply rooted in the construction industry. Those are the qualities clients repeatedly use when describing their experience with OneGroup.

Take Lovett Mechanical Inc., a commercial mechanical and plumbing contractor based in Syracuse. In 2010, it had four employees. Since then, it has grown to just under 40.

When asked about OneGroup and its customer service, Owner and President Thaddeus Lovett described it as “excellent.”

“Other companies we’ve dealt with seemed to have a revolving door of representatives. With OneGroup, Brett Findlay has been our main contact from day one, and the office staff who handle our day-to-day needs for both business insurance and employee benefits have stayed remarkably consistent,” he said. “That continuity makes everything run smoother.”

Since 2013, OneGroup has handled Lovett Mechanical’s corporate insurance, workers’ compensation and employee health benefits.

“From our very first conversation, Brett took the time to understand my business and showed a real interest in what we needed,” Lovett added. “That kind of attention isn’t something you find everywhere, and it made the decision to choose OneGroup easy.”

For Findlay, that kind of relationship is rooted in something more than insurance experience. It began with construction itself.

Findlay joined OneGroup in 2012 as a Commercial Insurance Account Executive. He now leads the construction unit as Senior Vice President, Construction Practice Leader. Before entering the insurance industry, he worked in construction for his father, a contractor.

In fact, Findlay was literally sitting in an excavator digging a hole when he encountered John Haskell, principal of Bailey, Haskell & LaLonde, the predecessor of OneGroup. Haskell recognized Findlay’s business acumen and asked to meet with him.

“He says, ‘Hey, I really want to grow construction out. It’s not an area we focus on a ton, but we do have business there.’ So I met with them,” Findlay recalled.

The conversation ultimately convinced Findlay to take a chance on the agency and its vision for construction. At the time, construction was about the agency’s eighth-largest practice area. Today, he said, it is the agency’s second- or third-largest.

A significant part of that growth, Findlay said, came from the agency’s willingness to invest in the construction unit before it had the clients or revenue to support it.

“Pierre gave us the means to build the infrastructure out for the unit before we had clients or revenue to do it,” Findlay said.

Findlay approached that development from the perspective of a contractor.

“What do I need?” he asked. “I need certs and ID cards quickly. I need super-responsive service. We need quick turnaround times. We need expertise with contracts.”

Those needs became the foundation for OneGroup’s construction service model.

“Our service model has been built upon understanding the very specific needs of a construction company,” Findlay said. “Everything we’ve done has basically been built around that premise: What can we do to better serve the client?”

But construction isn’t the only area in which OneGroup’s professionals bring firsthand industry experience to the table.

Megan Coville has more than 15 years of experience in safety and risk management. Her background in occupational therapy at The Arc of Ulster-Greene, a private nonprofit serving individuals with intellectual and developmental disabilities, eventually led her to OneGroup, where she began as a Risk Management Consultant and now serves as Vice President of Risk Management.

Initially, Coville’s primary responsibilities included consulting with New York Arc chapters to improve their safety and workers’ compensation programs. She also focused on safe patient-handling programs within health care organizations and coordinated the implementation of OneGroup’s EmploySmart: The Informed Hiring System with clients to improve their hiring processes.

“Many of us have worked in the industry. I worked for one of our clients,” she said, referring to her time at The Arc of Ulster-Greene. “We can think through being in the business, in the operations. What’s important to us? What is the political environment, the economic environment that a traditional insurance person may or may not be able to recognize just because they don’t have their feet in those work boots?”

That same service model extends to other departments.

Senior Human Resources Consultant Brittani O’Connell said her department’s entire existence is built around customer service — a reflection, she said, of OneGroup’s philosophy about the importance of serving its clients.

“My whole role is to support clients,” she said. “I’m here to help them understand the many changes that are happening in the regulatory space, the employment law space. I’m spending a lot of time just talking clients through these changes and helping them understand how it affects their business.”

That support also comes with an emphasis on responsiveness.

“Not only do you typically know who you’re talking to, but we’re really committed to turnaround time as well,” O’Connell said. “A lot of times, the questions that come my way tend to be critical, timely, time-sensitive. It’s not only the fact that they know who they’re talking to, but they know that they’re going to get an answer. We may have to spend some time researching it, but we’re going to turn that around as quickly as we possibly can.”

That responsiveness is an agency-wide standard. Findlay said that if an inquiry comes in before 4 p.m., the client receives a response that day.
“That doesn’t mean you have what you need or an answer before the end of day, but you have a response,” Findlay said. “You know somebody’s working on it.”

Sun Environmental Corp. specializes in environmental services, including industrial cleaning, remediation, waste management, abatement and spill response. The company employs more than 150 people and operates throughout New York State, with locations in Syracuse, Buffalo, Rochester and Albany, as well as in the Philadelphia and New Jersey region.

Having been a client for almost seven years, Sun’s President Matt Notaro can attest to OneGroup’s accessibility.

“OneGroup’s customer service is second to none,” Notaro said. “Their team is responsive and available whenever we need support — 24 hours a day, seven days a week, 365 days a year.”

The company utilizes OneGroup’s insurance, risk management and business solutions services and credits Findlay’s expertise and the team’s extensive understanding of its industry and unique needs for why it chose OneGroup.

“We established an immediate connection, and their team took a proactive, strategic approach to understanding our insurance requirements and helping manage our risks,” Notaro said. “Their commitment to customer service, combined with their experience and industry knowledge, has made them more than just a vendor, but a trusted partner for our business.”

New York’s New Work Rules: What Contractors Can’t Afford to Miss

Posted on by admin

By: Rick Boyle, Esq. and Diana Plue, Esq. Sheats & Bailey, PLLC

Four employment law changes will affect your crews, payroll, and personnel policies in 2026. One change is already in effect, and three more take effect before year-end. Together, they will affect how contractors schedule crews, maintain personnel files, screen applicants, and structure employee repayment agreements. Reviewing these practices now can help prevent payroll disputes and costly compliance problems later.

Cancelled Shifts can cost you money

Construction schedules change quickly. Weather, delayed deliveries, and an unavailable work area can leave a crew with little or nothing to do. Under the Construction Reporting Pay Act, sending workers home—or canceling too late—can still trigger a payment obligation.
The Construction Reporting Act adds Labor Law §§ 196-e and 224-g and applies across both public-sector and private construction projects. Labor Law § 224-g applies to public work construction projects. Starting December 8, 2026, the Act requires employers to pay two hours of cancellation pay, at the prevailing wage rate including supplemental benefits, to any employee whose scheduled shift is canceled with less than 12 hours’ notice. It also requires at least four hours of reporting pay, or payment for the number of hours worked if greater than four, for any employee who reports for a shift and is sent home early. If the applicable prevailing wage schedule provides greater cancellation or reporting pay benefits, the employer must follow that schedule.

Under Labor Law §196-e, for private construction projects, employees reporting for work at the employer’s request triggers a minimum payment of four hours, or the regularly scheduled shift if shorter, at the employee’s promised hourly wage. Canceling a scheduled shift with less than 12 hours’ notice requires two hours of pay.

Since reporting pay and cancellation pay are considered wages, employees may bring an action for non-payment of wages if not properly paid. Therefore, contractors should designate who may cancel shifts and use written, time-stamped notices to document when workers were notified. Employers should make sure their payroll system distinguishes hours actually worked from reporting and cancellation payments, account for required supplements, and handle applicable certified-payroll reporting.

If an owner or another contractor gives late notice that work cannot proceed, your company may still owe its employees. So, contractors should update their contracts to address how cost for cancellation or reporting pay will be allocated.

Personnel files will become easier to access:

Effective November 8, 2026, New York Labor Law § 210-b will require New York employers to provide current and former employees access to, and one free copy of, their personnel records within five business days after receiving a written request. Employers must retain the following records, if prepared by or provided to the employer, for at least three years after employment ends:

• Name, address, date of birth, job title, and job description;
• Pay rate and other compensation paid to the employee;
Employment start date;
• Job application;
• Resume or other employment inquiry materials submitted to the employer;
• Performance evaluations, written warnings, disciplinary actions, and similar records;
• Employee waivers; and
• A copy of the employee’s notice of termination.

Employers must also notify an employee within 10 days after placing in the personnel file any disciplinary record or other document that could negatively affect the employee’s transfer, employment, promotion, or compensation opportunities. Employees may submit a written rebuttal, which must be included in the personnel file.

Employers that deny access or otherwise violate the law may face penalties from the Attorney General’s Office ranging from $500 to $2,500.

Employers should create protocols for responding to record requests and notifying employees when negative information is added to a personnel file.

Rethink Credit Checks before you hire
Credit Check Restrictions—Effective April 18, 2026:

NYS amended the NYS Fair Credit Reporting Act to prohibit an employer, except in limited circumstances, from requesting and using an individual’s credit history when making employment decisions. The restriction reaches hiring, compensation, and other terms and conditions of employment, including promotion and termination decisions.

An employer generally cannot avoid the restriction by asking the individual to supply a credit report directly or by obtaining it through a background screening company. Contractors should review employment applications, screening authorizations, and instructions to background screening vendors. Remove routine credit checks unless a specific exception applies and document the basis for any check that remains.

Review repayment clauses before investing in training:
Under the Trapped at Work Act employers may not require, as a condition of employment, that an employee or applicant execute an employment promissory note that requires an employee to pay the employer a sum of money for reimbursement of training expenses or nontransferable education expenses, if the employment relationship terminates before a stated period. The law includes exceptions, but those exceptions have conditions. Employers should review training reimbursement agreements and repayment provisions before the effective date. Whether a clause is permissible depends on what it covers and how it is structured, rather than its label.

Taken together, these changes make early compliance planning essential for New York contractors. Reviewing scheduling practices, personnel-file procedures, hiring screens, and repayment provisions now can help avoid wage claims, penalties, and project disruptions once the new rules take effect.

If you need further assistance or have additional questions, please contact Sheats & Bailey, PLLC. www.TheConstructionlaw.com; Tel. 315-676-7314.

The information provided above is not intended to serve as specific legal advice for any particular situation. Competent legal and experienced counsel should be consulted.

Building Surety Confidence: Five Keys to a Stronger WIP Schedule

Posted on by admin

Kaitlyn H. Axenfeld, CPA/CFF, CFE, Dannible & McKee, LLP

For many construction companies, bonding capacity is an important tool for supporting growth. Whether a contractor is pursuing larger projects, expanding into new markets or competing for public work, the surety needs confidence that the contractor understands its numbers.

Financial statements show where a company stands at a point in time, but the work in progress (WIP) schedule provides insight into how individual jobs are performing and the risk associated with work still underway. It helps sureties assess whether estimates are realistic, margins are changing, losses are being recognized in a timely manner and management is monitoring project performance.

A well-prepared WIP schedule can strengthen a contractor’s credibility and support bonding capacity. An inaccurate, inconsistent or difficult-to-explain schedule can quickly raise concerns.

From a generally accepted accounting principles (GAAP) perspective, the WIP schedule is more than an internal management report. For contractors recognizing revenue over time under ASC 606, Revenue from Contracts with Customers, it often supports the measurement of progress, estimated total contract costs, revenue recognized to date and related contract asset or liability balances. As a result, WIP estimates need to be current, supportable and consistent with the financial statements.

1. Accurate Cost-to-Complete Estimates
The foundation of a reliable WIP schedule is a realistic estimate of what it will cost to finish each job.

Problem jobs often begin with overly optimistic cost-to-complete estimates. Even relatively small forecasting errors can result in significant profit fade by project completion. Strong contractors regularly update forecasts, incorporate input from the field, monitor labor productivity and material costs, and reflect known problems as they emerge.

When jobs consistently finish near the gross profit projected during construction, it demonstrates strong estimating discipline and project oversight.

2. Timely Recognition of Job Losses
Few things undermine credibility with a surety faster than delaying recognition of an expected job loss. Sureties understand that not every project will perform as planned. The concern arises when significant losses appear suddenly after months of favorable reporting.

Under U.S. GAAP, when current estimates indicate that a contract will result in an overall loss, the expected loss is generally recognized in the period it is identified rather than deferred until project completion.

Contractors therefore need a disciplined process for identifying cost overruns, reassessing estimated costs and recognizing anticipated losses. Warning signs can include significant underbillings on troubled jobs, repeated profit fade, substantial year-end adjustments, and sudden write-downs. From a surety’s perspective, transparency builds trust. Surprises do not.

3. Consistency Between Financial Statements and WIP Reports
The WIP schedule should reconcile to the contractor’s financial statements. Job costs should agree with the general ledger, revenue should align with accounting records, retainage should be reconciled and contract asset and liability balances should be supported.

ASC 606 changed the terminology and presentation historically associated with underbillings and overbillings. Amounts previously described as costs and estimated earnings in excess of billings, or billings in excess of costs and estimated earnings, are commonly presented as contract assets or contract liabilities, depending on the facts and circumstances. This makes reconciliation among the WIP schedule, billing records, retainage and general ledger particularly important. 

4. Monitoring Profit Fade and Gain
Sureties pay close attention to changes in estimated gross profit. Some fluctuation is normal, but recurring profit fade may indicate estimating problems, weak project management or delays in identifying cost overruns.

Contractors should compare original estimated gross profit with current estimates and, actual results once a job is complete. Analyzing these trends can improve future bidding and demonstrate that management is actively evaluating project performance rather than simply reporting it.

5. Clean Underbilling and Overbilling Positions
Material underbillings often generate questions. Some result from normal timing differences, but significant or recurring balances may indicate unapproved change orders, collection issues, contract disputes or revenue recognized before it can be billed.

Overbillings can benefit cash flow, but unusually large balances may require explanation. Management should understand material underbilling and overbilling positions and be prepared to provide supporting documentation.

Building Surety Confidence
Contractors seeking to strengthen bonding capacity should make WIP reporting part of their regular project management process. Monthly reviews involving project managers and accounting personnel can keep forecasts current, while consistent cost-to-complete methodologies and detailed change-order tracking improve reliability.

Management should analyze profit fade, investigate significant variances and use completed-job results to improve future estimates. Periodic review by an outside accountant experienced with construction and surety expectations can provide additional perspective and help identify weaknesses in the reporting process.

Sureties do not expect every job to be perfect. They expect the information to be reliable and management to understand what the numbers are saying.

A timely, accurate and well-supported WIP schedule demonstrates financial discipline and operational control. That confidence can support greater bonding capacity, expanded access to project opportunities and stronger relationships with sureties, lenders and project owners.

For contractors, the WIP schedule should not be viewed simply as an accounting requirement. It is a valuable management tool for understanding project performance, identifying problems earlier and demonstrating the financial discipline necessary for long-term growth.

Kaitlyn H. Axenfeld, CPA/CFF, CFE, is an audit partner at Dannible & McKee, LLP, a certified public accounting firm. She has more than 13 years of experience providing audit, review, compilation and advisory services to a wide variety of clients with a focus on the construction industry. For more information on this topic, contact Kaitlyn at kaxenfeld@dmcpas.com or (315) 472-9127. Learn more at dmcpas.com.

The Never-Ending Decline in New York Workers’ Compensation Loss Costs

Posted on by admin

Steve Bell, VP Underwriting & Sales, Lovell Safety

Just when you think New York workers’ compensation loss costs cannot go much lower, they do.

Effective October 1, 2026, New York has approved an average 21.9% reduction in workers’ compensation loss costs. This is the tenth consecutive year of statewide average loss cost decreases and another significant reduction in what has become a very long-term trend.
The obvious question is: What continues to drive loss costs down, and how long can it continue?

There is no single answer, but the biggest factor continues to be fewer claims. The Rating Board’s five-year analysis shows an annual claim frequency trend of -6.1%. Claim costs are still increasing, indemnity severity increased 1.9% annually and medical severity increased 3.0%, but claims are occurring less frequently.

At the same time, wages continue to increase. The Rating Board used expected annual wage growth of 4.3% in developing the new loss costs. Since workers’ compensation loss costs are generally applied to payroll, rising wages combined with declining claim frequency can substantially reduce the amount needed for every $100 of payroll.

The numbers behind this year’s filing make that pretty clear. Looking just at the latest two policy years of loss experience, the indicated change was only a 1.1% decrease. The much larger reduction comes from the projected relationship between claim frequency, claim severity and wage growth. Taken together, the Rating Board calculated a total trend factor of -23.2%.

This Has Been Going on for a Long Time

The 21.9% reduction gets your attention because of its size, but the bigger story is how long this has been going on. We have now had ten consecutive years of loss cost decreases.

It is also important to distinguish between loss cost and premium. An employer can receive a significant loss cost decrease without seeing the same percentage decrease in its actual premium. Payroll may be increasing, and experience modifications, classifications, CPAP, and other rating factors can all affect the final cost. Your carrier may also move you to another subsidiary with a higher loss cost multiplier. All these items impact your final cost, but if your workers’ compensation costs didn’t go down this year, you should be asking why.

Still, there is no question that the underlying cost of workers’ compensation in New York has come down significantly.

What We Have Seen in Our Safety Groups

What I find particularly interesting is what has happened in our safety groups during this same period. Our groups have absorbed the same continuing statewide loss cost decreases without increasing the loss cost multiplier to offset those decreases. At the same time, we have been able to increase average upfront discounts and continue returning favorable underwriting results to participating employers through dividends.

To date, more than $1.31 billion in dividends have been returned to participants in Lovell-managed safety groups.

I think that is an important part of the story because of how safety groups are structured. The groups are nonprofit in nature. Lovell manages them for a flat service fee. We do not receive a percentage of the underwriting profit. When a group performs well, the benefit of that favorable underwriting result remains with the group and can ultimately be returned to its participants through dividends.

Of course, dividends are never guaranteed, and results can vary from year to year and from group to group. But well-managed groups with disciplined underwriting, effective loss control and appropriate reserving can produce favorable underwriting results and consistent dividends over time. When that happens, the participating employers are the ones who ultimately benefit.

Lower Loss Costs Don’t Mean Safety Matters Less

There is also another side to all these loss cost reductions. Every time loss costs go down, there are fewer premium dollars available to pay claims and expenses. A 21.9% reduction is significant. It means underwriting, safety and claims management become more important, not less important.

You cannot continually take loss cost out of the system without also having the loss results to support it. That is why we continue to focus so heavily on underwriting, safety and accident prevention, claims oversight and getting injured employees back to work.

The same applies to the safety groups themselves. A group cannot depend on favorable statewide loss costs to produce good results. It still has to select the right risks, price right, prevent losses, manage claims, and maintain appropriate reserves. That discipline is what allows a group to continue performing even as the amount of premium being collected declines.

How Much Further Down Can Loss Costs Go?

That is probably the most interesting question now.

I certainly would not assume that reductions of this size can continue indefinitely. Claim frequency cannot decline forever, and there are still pressures moving in the other direction. For example, increases in maximum and minimum weekly benefits added approximately 2.4% to the Rating Board’s overall loss cost indication.

For now, though, the numbers continue to support lower loss costs.

The 21.9% reduction effective October 1, 2026, is the latest and largest chapter in what has been a remarkable 10-year period for New York workers’ compensation. From our perspective, what is just as interesting is what has happened alongside those decreases. Our safety groups have absorbed years of declining loss costs while average discounts and dividends have increased.

That tells me something important about the safety group model. When you combine lower underlying workers’ compensation costs with disciplined underwriting, strong safety and claims management, and a nonprofit structure where favorable underwriting results are returned to the participants, well-run safety groups can continue to be market leaders in both price and service, even in a market where loss costs just keep going down.

For more information on New York Workers’ Compensation Loss Costs, please reach out to Steve Bell, VP Underwriting & Sales, Lovell Safety at 212-709-8832, email SBell@LovellSafety.com or visit online at www.LovellSafety.com.

The Impact of the USA v Canada Tariff War on the NYS Construction Industry

Posted on by admin

Earl R. Hall, Executive Director, Syracuse Builders Exchange

The continuing trade dispute between the United States and Canada is creating a significant level of uncertainty for the New York State construction industry. The issue is particularly important to New York because Canada is the state’s largest trading partner, and Canadian-sourced materials, such as lumber, steel, aluminum, plywood, cement, and other construction products, which are integrated into New York’s construction supply chains. Recent developments in September increased the potential for higher material costs, supply disruptions, project delays and greater financial risk for contractors and project owners.

New York’s construction industry is a major component of the state’s economy, employing more than 400,000 New Yorkers and contributing more than $66 billion annually. The state has previously identified steel, aluminum, and lumber as important construction material affected by tariffs and warned that higher material costs can result in fewer projects, delays, and increased project costs.

Impact on Construction Contractors

For contractors, the most immediate concern is price volatility. A contractor may develop a bid based on a supplier’s quoted price, only to discover that a tariff or retaliatory measure has increased the cost before the material is purchased. This creates substantial exposure, particularly on fixed-price contracts where the contractor has limited ability to recover unforeseen increases.

The problem extends beyond materials imported directly from Canada. A product manufactured in the United States may contain Canadian steel, aluminum, lumber, or other components. As a result, purchasing from an American supplier does not necessarily eliminate tariff exposure.

Contractors are therefore likely to place greater emphasis on early procurement, supplier commitments, escalation clauses, allowances, contingencies, and alternative sources of supply. Owners and contractors may also face more negotiations over responsibility for tariff-related increases after a contract has been awarded.

Impact on Material Costs

The construction materials most exposed to the dispute in New York include lumber and engineered wood products, steel, aluminum, copper, plywood, and cement. Existing tariffs on steel and aluminum can reach 50%, while additional tariffs imposed during 2026 have expanded the number of Canadian construction-related products potentially affected.

Canadian softwood lumber is particularly important because Canada has historically supplied a substantial majority of U.S. softwood lumber imports. New York contractors, homebuilders and remodelers therefore have exposure to changes in Canadian lumber pricing even when the supplier is located in the United States.

Impact on Construction Project Owners

For project owners, the principal consequence is increased uncertainty in establishing and maintaining project budgets. Public agencies, private developers, hospitals, universities, manufacturers, and commercial property owners may face higher costs between initial design, bidding, and construction.

Projects that were financially feasible under earlier material prices may require additional funding or redesign. Owners may also encounter longer procurement periods when contractors seek alternative suppliers or wait for pricing to stabilize.

For public projects, these issues can be particularly significant because funding is often established well before construction begins. A substantial increase in steel, aluminum, lumber, or other materials can create a gap between the original project budget and the contractor’s actual cost.

Contracting and Risk Management

The New York tariff environment reinforces the importance of carefully drafted construction contracts. Owners and contractors should consider clearly defining who bears the risk of newly imposed tariffs, establishing material escalation provisions, identifying notice requirements, and determining how changes in law will affect the contract price.

Contractors should also consider obtaining firm supplier quotations, identifying tariff exposure during estimating and purchasing critical materials earlier when economically justified. Owners can reduce uncertainty through early contractor involvement, design flexibility, and realistic contingencies.

Outlook for New York

The most significant issue may be uncertainty rather than any single tariff. New York contractors operate in a highly competitive market where bids are often prepared months before construction begins. Rapid changes in trade policy can make conventional estimating assumptions less reliable.
The U.S.–Canada tariff dispute therefore has the potential to increase construction costs, compress contractor margins, delay projects, and cause owners to postpone or modify planned investments.

For New York’s construction industry, the coming period will require greater attention to procurement, contractual risk allocation, material sourcing, and cost forecasting. Until trade policies become more predictable, both contractors and owners should assume that material pricing and availability can change materially between the time a project is estimated and the time construction is completed. Whoever bears the fiscal responsibility for such unexpected and unanticipated changes should be illustrated in a contract.

The U.S.–Canada tariff dispute represents a material risk to New York’s construction industry. Its effects will extend beyond the importer paying the tariff and can ultimately reach contractors, subcontractors, suppliers and most likely project owners through higher prices, reduced availability, and increased uncertainty. Effective risk management, early procurement, contractual protection, and realistic project contingencies will become increasingly important as New York’s construction industry navigates the evolving trade environment.

Note: Reviewed and amended with the assistance of Microsoft Word and Chat GPT

Caring for the Caregiver: How David’s Refuge Supports Families in Central New York

Posted on by admin

By: Kate Houck, Chief Energy Officer/Executive Director

Airline safety briefings tell passengers to put on their own oxygen mask before helping anyone else. David’s Refuge uses that image to describe its mission: offering care to the caregiver. For parents raising children with significant medical or developmental needs, that advice is easy to agree with and nearly impossible to follow.

A Need That Is Easy to Overlook

One in every 26 American families is raising a child with a disability, and many of those parents provide round-the-clock care with little relief. Friends and family can pull away because they no longer know how to relate, and a child’s needs can dictate the family’s every move, leaving parents little say over how they spend their time. Self-care falls to the bottom of the list, and exhaustion follows.

David’s Refuge exists to interrupt that cycle. Its mission is to provide respite, resources and support to parents and guardians of children with special needs or life-threatening medical conditions, so they can be refreshed, restored and renewed in their role as caregivers.

The Heart of the Work

The organization’s signature offerings include an overnight weekend respite program, wellness programming and community events. During respite, caregiving couples receive a getaway at no cost, typically two nights at a Central New York bed-and-breakfast, made possible by donations from the community.  The weekends encourage social connection where several couples attend at once, allowing for parents to meet others walking a similar path. For families who often feel isolated, that connection can matter as much as the rest.

Because not every family can make a scheduled weekend work, David’s Refuge offers a reimbursement respite program allowing parents to plan their own one- or two-night break, on a weekday or weekend, pay up front, and apply for reimbursement afterward.

The wellness programming covers five areas (physical, emotional, spiritual, social and financial) and includes a monthly newsletter along with virtual and in-person offerings. David’s Refuge has also partnered with CNY Mental Health Counseling to support caregivers and their families with their mental health needs.

Community programming is hosted throughout the year, both virtual and in person, some for whole families and some for caregivers alone, and offers a private Facebook page where caregivers can connect. Each November, during National Caregiver Awareness Month, caregivers can find weekly wellness tips and education about caregiver burnout.

Growth and Recognition

David’s Refuge has grown considerably. What began in 2012 as a small start-up serving 43 parents a year has grown to support nearly 1000 families annually with extensive year-round programming.  The mission continues to draw wider notice and recognition.  In 2026, SUNY Upstate selected David’s Refuge as its Your Cause charity, which brings volunteer support and funding to expand support for caregivers and their children.

How to Help

Demand is high, and the organization relies on the community. It receives no state or government funding. Supporters can give monthly, volunteer, give through their business or attend one of many wonderful fundraising events.  Caregivers who need support, or anyone who knows one, can find the application and all event information at davidsrefuge.org. In a system that mostly focuses on the child, David’s Refuge reminds parents that they matter too, and that families and our community thrive when we do one simple thing- care for the caregiver.

Join us! Davidsrefuge.org

Neivel Precision Plumbing: Skilled Craftsmen Building Strong Relationships Through High-Quality Work

Posted on by admin

By Elizabeth Landry

When Sam Neivel was just five or six years old, he began learning the basics of plumbing from his father, Lawrence Neivel, a plumber who has worked in the trade for several decades. Neivel learned a lot from his father that has influenced how he progressed in the field – working first for DBR Plumbing in his teens, then Armani Plumbing for a few years, Town Mechanical in his early twenties, and for DBR Plumbing again in his late twenties.

“My father taught me faith, hard work, dedication, generosity and to stand up for what you believe in and what is right,” said Neivel. “He’s a man of few words, but one who teaches with his actions.”

Today, Neivel owns and runs Neivel Precision Plumbing, a company he began in 2015 – and his father is a service tech on the team. A couple of decades earlier, when he was working his second stint at DBR Plumbing and overseeing operations at the company, he decided it was time to venture out on his own. Once Neivel Precision Plumbing was up and running, one of the very first employees Neivel hired was Dan Franklin, an estimator who he had worked with for a few years at DBR. Franklin was brought on as the company’s Lead Estimator, a role he still holds today, and he and Neivel have grown to be close friends, both inside and outside of their careers.

“I think it was always Sam’s goal to start his own company,” said Franklin. “He’s the most brilliant plumber I’ve ever met, and I’m 72 years old. Sam is 30 years younger than me. He’s a very driven person and he honestly cares about each person in the company. We’ve been close friends for several years now. I would have retired a long time ago if it weren’t for Sam and this company. I enjoy working for Sam Neivel every day.”

Fast-Paced Growth and Expansion

In the early days of the company, Neivel and his four or five employees worked out of Neivel’s home in Baldwinsville. Franklin remembers having very tight quarters to operate in, but making it work. After several months, the team relocated to an office off Malloy Road in Syracuse for a few years. After utilizing a different office space on Arterial Road in Syracuse for a few more years, Neivel purchased a much larger building with office space and a warehouse on Butternut Drive in East Syracuse, where the company operates today with almost 80 employees. Franklin attributes the company’s growth and expansion to Neivel’s expertise, leadership, and focus on high-quality craftsmanship.

“Sam is a perfectionist. He’s driven by high-quality work – he takes a lot of pride in doing that kind of work. He takes it very seriously and he has a very high standard,” explained Franklin. “Sam doesn’t spend a lot of time in the office. He comes in when needed, but he prefers to be at job sites, in the trenches, working in crawl spaces, getting his hands dirty. He’s a very hands-on kind of boss. He’s happiest when he’s in the field.”

Neivel obtained his master’s plumbing license in Onondaga County in his late twenties – an accomplishment that speaks to his superior knowledge and skill, Franklin emphasized. “It’s a daunting task. It comes in three phases: an oral exam, a written exam, and a practical exam.”

Under the leadership of Neivel, the company offers mostly commercial and industrial plumbing for clients, working on job sites such as hotels, condominiums, hospitals, restaurants, and office spaces. The team takes on both new builds and renovations and can be found working on between 10 to 13 projects at any given time. Currently, the company is in the process of working on four different older buildings in the city of Syracuse, including job sites on South Salina Street, Townsend Street, and Harrison Street. One major project the team completed in recent years was the City Center building in downtown Syracuse, which was previously the Sibley’s Department Store.

“The City Center building has several floors and we did the entire building, turning it into office space. The Hayner Hoyt Corporation has offices there, and it’s still growing with new offices coming in. That’s one of our gems,” said Franklin.

Building Long-Lasting Client Relationships

Many of the other projects the Neivel team has completed over the years exemplify the company’s focus on building long-term, trusted relationships with clients. Neivel is the preferred plumber for all the Tully’s and Coppertop restaurants in the Central New York area, all the way from Albany to Buffalo, and down into Pennsylvania. The company has completed several projects for local hospitals, including St. Joseph’s Health, Crouse Hospital, and Upstate University Hospital. Neivel is also the preferred plumber for Visions Hotels, owned by Andrew Patel. The hotels are located all over New York State and Pennsylvania.

“We stay versatile. We can handle any type or size of job,” stated Neivel. “Our attitude is ‘there’s nothing we can’t do,’: from factories, commercial, and medical, to hotels and apartments.”

Franklin emphasized that since the beginning of the company, much of their growth and expansion has been due to their excellent reputation, based almost entirely on word of mouth. The extent of Neivel’s advertising has been company-branded trucks.

“Our reputation has really served us. We don’t advertise – we don’t do television or radio. We basically have our trucks that are all lettered up. A lot of our business is through word of mouth,” said Franklin. “I get several calls, texts or emails a week saying, ‘Hey, so-and-so recommends you. Do you think you can take this work on?’”

Focused on Employee Satisfaction and Success

For Neivel, though, the success of the company comes down to its employees. He focuses on creating a job setting where employees feel supported and appreciated.

“We have some of the best craftsmen in the industry. We have low turnover, which gives us consistency. We teach and train from within, which helps us pass the torch to ambitious employees. We do many events to reward our team for the outstanding service they provide. … It’s a family atmosphere. We are family, and we work together and are invested in each other,” said Neivel.

Franklin listed several ways Neivel aims to ensure his employees are well taken care of and feel like family, from sponsoring modified car races, to box seating at baseball games and hockey games, catered meals, the company’s annual clam bake, and multiple charity events. Perhaps the most important way Neivel focuses on the well-being of his employees is through investing in their skills and success, helping them advance in their careers.

“Sam honestly cares for the people in this company. He’s genuinely invested in teaching and promoting from within. We hire a lot of young people who need to be taught the trade, and they’re given lots of opportunities to advance themselves. We have kids that didn’t know anything initially and become foremen in six or seven years. We teach them blueprints, how to run jobs, and various aspects of plumbing and construction. It’s all part of Sam’s philosophy of caring for his employees,” said Franklin.

The company branched out four years ago and created a full service and construction HVAC side within which the same values toward quality craftsmanship and putting the customer first apply. Since starting, the HVAC department has grown both in number of talented and knowledgeable technicians as well as in a reputation for dependable service. Mick Mulcahy was key from the start for getting the department off the ground. Another organically grown key person is Bert Bentley, who has taken over the department and serves as both estimator and project supervisor in the field.

“They go into the field a lot, run jobs, and they have a crew of 26 individuals,” Franklin said. “We were fortunate to pick up good guys, technicians that know the business and the equipment. The HVAC side of our work has really taken off.”

Success that isn’t Slowing Down

What’s next for Neivel Precision Plumbing? Both Neivel and Franklin agree there’s no end in sight, with more relationships to be built and more projects in the pipeline.

“The vision for the future is just to continue with quality workmanship and building relationships within the greater Syracuse community. The community is going to grow, especially with Micron and related investments to infrastructure, and we’re looking forward to what it will bring to us,” said Franklin. “Sam’s not driven by making money. His goal is to be successful at helping others and building others’ careers.”

Neivel said he’s proud that two of his original employees have since moved on to start their own businesses. It’s his team of co-workers that have shaped the company into what it is today, he shared – including his original mentor, his father – and which fuels the business into the future.

“Our growth continues every year, and we don’t foresee an end,” Neivel said. “We learn, we adapt, and keep building relationships that are sustainable.”

“Piggybacking” is Not a Substitute for the Competitive Bidding Requirements under General Municipal Law § 103

Posted on by admin

By: Chandler Barganier, Law Clerk, Sheats & Bailey, PLLC

In Lynch, Inc. v. Board of Education of the Maine-Endwell Central School District, the Appellate Division Third Department, affirmed the Broome County Supreme Court’s decision, holding that General Municipal Law § 103(16) excludes public works contracts from the practice of “piggybacking”.[1] This case stems from a multi-year and multi-phase capital project involving various buildings and facilities of Maine-Endwell Central School District. In the summer of 2023, Phase One was completed by Smith whose work pleased the district enough for it to want Smith to complete HVAC work on Phase Two. In October 2023, the District submitted plans for Phase Two to the State Education Department for review and approval as required by Education Law § 408 and 8 NYCRR § 155.2. Such approval was delayed, and the district decided to hire Smith directly by using cooperative purchasing though The Interlocal Purchasing System (“TIPS”), as opposed to undergoing the competitive public bidding process after approval.

In July 2024, the District awarded the Phase Two HVAC contract to Smith by piggybacking it onto their Phase One contract. Several local contractors later petitioned the court, alleging that they were denied the opportunity to competitively bid on the Phase Two HVAC contract pursuant to the competitive bidding requirements under the General Municipal Law. The Broome County Supreme Court granted petition to the extent of finding that the district’s use of TIPS constituted impermissible piggybacking for public works projects. The Supreme Court enjoined the district from using TIPS or any similar process to award further public works contracts and allowed Smith to complete their HVAC work without penalty as their work was already almost halfway complete.

The Third Department upheld the lower court ruling emphasizing that cooperative purchasing is a narrow exception under General Municipal Law§ 103 (16), not a substitute for the required competitive bidding process that governs public works contracts. The court went on to state that it was contemplated by the legislature that the piggybacking provision would facilitate procurement in the context of purchase contracts as opposed to construction and renovation projects.

Though in this case the court declined to impose disgorgement largely because the project was nearly halfway completed, that may not always be the case. Penalties to contractors for violations of competitive bidding requirements may be imposed at the Court’s discretion. While government agencies bear the burden of adhering to competitive bidding requirements, contractors bear the financial risk when these requirements are violated. The potential for disgorgement makes it important for contractors to exercise due diligence during the procurement process to safeguard their financial and legal interests.

Going forward cooperative purchasing cannot be used to avoid competitive bidding for public works. Public entities should exercise caution when considering using cooperative purchasing/piggybacking for construction related projects.

 Contractors who perform work on public works contracts in violation of competitive bidding laws potentially face significant financial risks including the possibility of forfeiting all compensation received under an improperly awarded contract. Therefore, contractors should be aware of how the project was awarded and should not blindly rely on the public entity’s procurement process. Contractors should verify the scope of the work and if the public entity correctly followed competitive bidding laws before entering into a contract and performing work.

If you need further assistance or have additional questions, please contact Sheats & Bailey, PLLC.  www.TheConstructionlaw.com; Tel. 315-676-7314.

The information provided above is not intended to serve as specific legal advice for any particular situation. Competent legal and experienced counsel should be consulted.

[1] Daniel J. Lynch, Inc. v Bd. of Educ. of Maine-Endwell Cent. School Dist., 2026 NY Slip Op 03209 [3d Dept May 21, 2026]

How Prevailing Wage Expansion and Workers’ Compensation Costs Are Reshaping New York State Construction

Posted on by admin

Robert C. Reeves, CPA, CFE, Dannible & McKee, LLP

Many New York contractors continue to battle material inflation and labor shortages, but two less visible issues are increasingly affecting profitability: expanding prevailing wage requirements and rising workers’ compensation costs driven by experience modification factors. Together, these factors influence payroll administration, labor burden rates, job costing, bidding strategies and financial reporting, making them critical financial management issues rather than solely operational concerns.[/caption]

Prevailing Wage Expansion Creates New Compliance and Cost Challenges

Prevailing wage requirements now extend beyond traditional public works into certain privately developed projects. Under New York Labor Law §224-a, a private project generally becomes subject to prevailing wage requirements when:

  • Total project cost exceeds $5 million; and
  • Public funds represents at least 30% of project costs.

Public funding includes state subsidies, tax credits, abatements and certain clean energy incentives. As these funding sources become more common, contractors that have historically performed only private work may unexpectedly fall under prevailing wage requirements. Evaluating project funding early in the bidding process is essential.

Contractors should also monitor legislative activity. Although recent proposals to broaden prevailing wage coverage have not been enacted, the trend suggests continued expansion.

Operational and Financial Impacts

Prevailing wage compliance creates challenges in four key areas:

  • Certified payroll reporting and fringe benefit documentation.
  • Accurate worker classification to avoid back wages, penalties and potential debarment.
  • Proper fringe benefit accounting.
  • Detailed labor tracking and job costing.

Poor labor tracking can distort work-in-progress (WIP) schedules, margin reporting and project profitability.

The impact extends well beyond payroll. Prevailing wage errors can affect cost-to-complete estimates, overbilling and underbilling positions, indirect cost allocations, bonding capacity and bank covenant calculations, making compliance an important financial reporting consideration.

Rising Experience Mods Are Affecting Contractor Profitability

New York remains one of the nation’s most expensive workers’ compensation markets. Experience modification factors are rising because of increasing injury frequency, higher medical costs, heat-related illness claims, stricter classification enforcement and greater carrier scrutiny.

Higher experience mods increase insurance premiums while also affecting:

  • Labor burden rates.
  • Bid competitiveness.
  • Bonding capacity.
  • Financial reporting if labor cost accruals are not updated.

Failing to incorporate current workers’ compensation costs into labor burden calculations can understate project costs and reduce the accuracy of WIP schedules and profitability reporting.

Safety as a Financial Strategy

Leading contractors increasingly view safety as an investment rather than simply a compliance requirement. Strong safety programs help reduce claim frequency and stabilize experience mods through initiatives, including robust near-miss reporting, heat illness prevention, return-to-work programs and the use of job site technology, such as wearable sensors and AI-based monitoring tools that help identify unsafe conditions and worker fatigue.

These efforts often produce measurable returns through lower insurance costs, improved margins and stronger bonding capacity.

Where Prevailing Wage and Workers’ Compensation Intersect

Although prevailing wage compliance and workers’ compensation are often managed separately, they are closely connected.

Labor classification errors can create prevailing wage violations while also resulting in incorrect workers’ compensation classifications, higher premiums and costly audit adjustments.

Similarly, certified payroll errors and improper fringe benefit allocations can distort labor burden calculations, affecting job costing, bid estimates, WIP schedules and profitability analysis.

Safety performance also plays an important role on prevailing wage projects, which often involve larger crews and more complex work environments. Higher injury rates increase workers’ compensation costs, reducing competitiveness when bidding future work.

Practical Steps Contractors Can Take in 2026

There is still time left this year to make improvements, and several key strategies can help strengthen performance and reduce risk.

  • Strengthen certified payroll processes by reconciling payroll to job costs, documenting fringe benefit plans and reviewing subcontractor payroll compliance.
  • Update labor burden rates regularly using current workers’ compensation rates and experience modification factors.
  • Invest in proactive safety programs, including training, injury prevention and return-to-work initiatives.
  • Prepare for increased audit activity by maintaining complete payroll records, job costing documentation and supporting schedules.

The Bottom Line

Expanding prevailing wage requirements and rising workers’ compensation costs are reshaping the financial landscape for New York contractors. Organizations that proactively manage payroll compliance, labor burden rates, safety performance and financial reporting will be better positioned to protect margins, strengthen bonding capacity and remain competitive in an increasingly challenging market.

Rather than treating prevailing wage compliance and workers’ compensation as separate administrative functions, contractors should view them as interconnected components of a broader financial management strategy.

For contractors looking to strengthen their systems or validate their labor cost structure, Dannible & McKee can help. Contact our construction team to discuss how these changes may impact your projects and financial reporting.

 

Robert C. Reeves, CPA, CFE, is an audit partner at Dannible & McKee, LLP, a public accounting firm with offices in Syracuse, Auburn, Binghamton and Schenectady, NY, and Tampa, FL. He has over 10 years of experience at the firm, he provides financial audit, assurance and consulting services to clients primarily in the construction, manufacturing and architectural and engineering industries. Bob also specializes in employee benefit plan audits and forensic accounting services. For more information on this topic, you may contact Bob at  rreeves@dmcpas.com or (315) 472-9127.

Code Rule 59: Time to Restore Balance Between Safety and Fairness

Posted on by admin

By: Wael Khalil, CPS, SSM, Vice-President/Safety Director Lovell Safety Management Co., LLC

For nearly three decades, New York State Industrial Code Rule 59 has served an important role in improving workplace safety and reducing workers’ compensation losses. Created in the mid-1990s as part of broader workers’ compensation reforms, the rule requires employers with poor loss experience to implement formal safety and loss prevention programs under the guidance of a certified safety consultant.

The concept behind the rule remains sound. Employers experiencing significant workers’ compensation losses should receive professional assistance to identify hazards, improve management practices, and reduce future injuries. In many cases, Code Rule 59 has helped employers strengthen their safety programs and improve their claims performance.

The challenge today is not the purpose of Rule 59. The challenge is that the rule’s triggering criteria have not kept pace with economic realities.

Under the current framework, employers become subject to Code Rule 59 when their payroll exceeds $800,000 and their workers’ compensation Experience Modification Rate (EMR) exceeds 1.20. When these thresholds were established in 1996, an $800,000 payroll represented a substantially larger employer than it does today. After decades of inflation, wage growth, and rising labor costs, many small businesses now exceed that payroll threshold despite operating with only a handful of employees.

As a result, employers that would have been considered small businesses when Code Rule 59 was enacted are increasingly being drawn into a regulatory process originally designed for larger employers with greater administrative resources.

At the same time, the EMR itself is a backward-looking measurement. Experience modifications are based largely on historical claims data and often do not reflect an employer’s current safety performance. An employer may have corrected deficiencies, replaced management, implemented new safety procedures, or significantly reduced claims, yet still trigger Code Rule 59 based on losses that occurred years earlier.

Recent changes in experience rating methodology have further amplified this issue. Smaller employers have fewer payroll dollars and claim exposures over which losses can be spread. Consequently, a single lost-time claim or moderate injury can have a significant impact on an employer’s modification factor. Larger employers generally experience less volatility because individual claims are diluted across a much larger payroll base.

In practice, this means that many small employers can find themselves subject to Code Rule 59 despite maintaining reasonable safety programs and having no ongoing pattern of poor performance.

Many of these cases stem from isolated incidents rather than systemic safety failures. A single claim involving an employee injured in a motor vehicle accident, a travel-related incident, or a public premises accident may significantly impact an employer’s experience modification rating. While such claims are compensable under workers’ compensation law, they do not necessarily indicate deficiencies in employee training, hazard control, supervision, or management commitment to safety.

Nevertheless, once Code Rule 59 is triggered, employers face substantial obligations. They must retain certified NYS consultants, participate in facilities/jobsite surveys and meetings, implement corrective action plans, complete documentation requirements, and certify compliance. Failure to comply can result in premium surcharges and the loss of policy discounts, creating additional financial strain for smaller employers.

None of this suggests that Code Rule 59 should be eliminated. Employers with persistently poor safety performance should continue to be identified and required to take corrective action. However, there is a strong case for modernizing the rule so that regulatory resources are focused on employers with current and demonstrable safety deficiencies rather than employers whose loss experience may be attributable to historical events or isolated claims.

Several practical reforms could accomplish this goal. The payroll threshold could be indexed to inflation or adjusted to reflect current wage levels. A tiered threshold could recognize the differences between small, medium, and large employers. Greater consideration could be given to recent safety performance, documented corrective actions, participation in safety groups, and ongoing loss-control efforts. The Department of Labor could also be provided with greater flexibility to distinguish between employers experiencing systemic safety problems and those impacted by isolated or non-preventable events.

Such changes would preserve the original intent of NYS Code Rule 59 while improving its fairness and effectiveness. Workplace safety would remain the primary objective, but the burden of compliance would be more appropriately aligned with an employer’s current risk profile and operational realities.

After nearly 30 years, Rule 59 remains a valuable tool. Updating it for today’s economy would ensure that it continues to improve workplace safety while avoiding unnecessary burdens on the small businesses that form the backbone of New York State’s economy.

For more information on Code Rule 59 please reach out to a Lovell representative at 1-800-556-8355.