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Five Star Equipment Building for the Future

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By: Sarah Hall

Five Star Equipment prides itself on, above all else, five core values: customer focus, integrity, accountability, teamwork and excellence.

Five Star Equipment is a full-service dealer for a number of major construction equipment brands, including John Deere, Hitachi, Bomag, Topcon, Fecon and dozens of other manufacturers. Their client list is made up of private and municipal customers in the construction, forestry, and commercial worksite industries in northern Pennsylvania and central and western New York state.

“We are a full-service dealer, which means we provide all of the support to our customers before, during and after the sale,” said Five Star Equipment’s Marketing Director Patricia O’Brien. “We provide our customers with virtually all of their equipment and attachment needs, as well as product support after the sale by John Deere factory-certified service technicians.”

The company has seven locations: Dunmore, Williamsport, and Waterford, Pennsylvania, and Kirkwood, Syracuse, Rochester and Orchard Park, New York.

Five Star Equipment was founded in 1980 by business partners Frank Gallo, Bill Bochicchio, Sr. and Louis DeNaples. After a few years of successful business operations with a full-line GMC truck dealership located just outside of Scranton, PA, the entrepreneurs acquired a John Deere Construction and Forestry dealership in the area. John Deere continued to offer the company expansion opportunities in New York and Pennsylvania. Over the following decades the company adjusted its dealer footprint and now serves customers from seven locations covering 57 counties in the neighboring states.

 

Fast forward to 2016, when Bill Farrell was brought on board as the company’s first Chief Executive Officer. Farrell and Five Star Equipment’s Senior Leadership Team have created a long-range strategic plan to reinvest in the business to carry it into the future.

New Syracuse facility

A significant part of that strategic plan is the construction of a new facility in Syracuse, New York. The current building was constructed in 1991 and, according to Farrell, has outgrown the ability to service the needs of Five Star Equipment’s customers and its employees.

“Syracuse is a growing, vibrant market. This new facility is an investment in our employees and the customers that we serve,” Farrell said. “Our goal in Syracuse is to create an environment that provides our people with the tools and infrastructure they need to achieve success, which, in turn, provides our valued customers with world class equipment backed by outstanding service.”

Located in Airport Business Park at 5801 E. Taft Road along I-81 North, the 25,000-square-foot facility is situated on approximately 10 acres and includes the following features:

  • Building design is geared towards maximizing efficiency and service capabilities
  • An outdoor equipment “playground” will allow customers the opportunity to demo equipment on-site
  • Expansive showroom/reception area with a modern, computerized parts counter plus a designated customer portal parts pick-up counter
  • Curbside/external parts pickup area
  • Parts warehouse with garage door access for receiving and parts dispatch
  • Eight-bay service area equipped with four 10-ton overhead cranes
  • Separate equipment wash bay
  • Sales and administrative offices and conference rooms for training sessions and customer meetings
  • Breakroom, locker rooms and rest rooms

“Everyone in the Syracuse branch is very excited about the new facility. It’s really taking shape with the exterior just about buttoned up. We are looking forward to a new shop with capabilities to perform work at ease,” said Syracuse interim General Manager Valerie Smith, who joined the company in 1990. “Personally, I’m very happy to be a part of this next phase that Five Star Equipment has taken. I love what I’m seeing with the growing success of this company.”

From this location, customers will receive full product support in the shop or in the field by John Deere Certified Service Technicians. This location provides service to Onondaga, Cayuga, Seneca, Oswego, Madison, Oneida and Herkimer counties. Field service work is completed using two fully stocked road service trucks.

The construction in Syracuse follows the construction of a new facility in Orchard Park, New York, as well as renovations of the locations in Dunmore, Pennsylvania, and Kirkwood, New York, all of which have taken place over the last two years.

Recruiting—and keeping—the best

Having the best possible facilities will allow Five Star Equipment to continue to meet the high standards set by the brands they represent.

“We are very proud to represent all of these brands, particularly John Deere,” O’Brien said. “Our employees are regularly trained via online courses and in-person training by John Deere and other manufacturers to ensure our product knowledge is at the highest level to allow us to best serve our customers.”

And it’s representing those brands that draws employees to work for Five Star Equipment —though finding qualified workers can be a challenge.

“There is a nationwide shortage of experienced service technicians that are capable of working on heavy equipment and large diesel machines,” O’Brien said. “We are continuing to build relationships with area colleges that offer the types of programs that produce service technicians who are ready to work on machines, but we are also looking for more experienced service technicians. That’s probably the biggest challenge for us as an organization from a Human Resources perspective.”

Once employees have hired on with the company, however, they’re likely to stay. Many employees, like Valerie Smith, have been with Five Star Equipment for decades. Farrell said that’s thanks to the culture of teamwork, accountability and transparency built by the organization’s senior leadership.

“Our doors are always open,” he said. “Anyone at any time can approach a branch General Manager, a member of the corporate Senior Leadership Team or me with an idea, suggestion or concern and they are heard.”

That’s the idea behind Five Star Equipment’s Powering Your Success tagline, which seeks to empower both employees and customers.

“We introduced Powering Your Success as our corporate tagline in the fall of 2018,” Farrell said. “For our employees, it means the company is powering their success by providing them with the tools they need to do their job including new and remodeled facilities, a new Human Resources system, opportunities for growth and development, and much more. For our customers, it means that we are an important contributor to their success by providing outstanding equipment, support and service throughout the life of the machines or parts they purchase from us.”

A bright future

At the moment, Five Star Equipment, like everyone else, is in uncharted territory due to the COVID-19 pandemic. But leadership is confident this is little more than a bump in the road.

“For the immediate future, we are looking for the economy to bounce back so that our customers can return to their full workload as the COVID-19 pandemic continues,” O’Brien said. “We have kept in regular contact with our customers to help them weather this storm however we could, by offering special programs and discounts on rentals, purchases and service programs.”

And as things return to normal, O’Brien said Five Star Equipment is looking to expand is customer base in its existing seven locations. She said the best way to do that is by investing in the business.

“One way to grow is by recruiting, retaining and training top talent at all levels of the company,” she said. “Another way to grow is by providing our customers and employees with modern facilities, like the one we are building in Syracuse. These facilities will enable our employees to work more efficiently and have the right tools in place to best serve our customers.”

Abscope Environmental Takes On New Leadership

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By: Tami S. Scott

More About the Major Players

  • President and CEO Bob Romagnoli has spent all of his career in the environmental world, primarily on the consulting side. He has led multi-million-dollar Superfund remediation programs from investigation/design to construction and developed turn-key environmental strategies for numerous Fortune 100 companies. He served as Sr. Vice President at Arcadis and Managing Director at TIG Environmental before joining Abscope in January 2019.
  • Executive Vice President Rob Gray has more than 28 years of experience in the Environmental Remediation field. He has been an instrumental member of the Abscope Team since 1995. He has extensive project experience with MGP remediation, Hazardous Waste Remediation, Stream Sediment Removal, ISS, Sheet Pile Installation, Deep Excavations, and Site Development Projects.
  • Executive Vice President Robert Duffy has been a key employee of Abscope Environmental since 1989 and Vice President since 2009. Prior to 2009, Robert was General Manager for five years, managing and coordinating a variety of asbestos abatement projects throughout the Northeastern and Midwestern US. Since 1989, he has successfully supervised and/or managed more than 3,500 asbestos abatement projects.

Based in small-town Canastota, New York, Abscope Environmental’s roots reach back to the early 1970s when John Romagnoli established Canastota Constructors, a company that focused on heavy highway construction and site development.

It was 18 years later in 1989, when John, together with his sons, Jack and Jerry, founded Abscope, once described by Jerry as a spin-off of his dad’s livelihood. Over time, the company has grown to become one of the premier environmental remediation construction firms in the country. Today, Abscope embraces an era of new leadership, and is proud to announce its most recent developments.    

A New Era

Over the past two years, Jack and Jerry gradually hung up their Abscope hats for new roles as retirees, and gracefully passed the torch to their youngest brother, Bob Romagnoli. It was somewhat an expected rotation of ownership as the trio had talked about it for years, but as Bob explained, the timing now was finally right. With more than 30 years of experience in the environmental consulting industry, Bob is more than prepared to take on the family dynasty—and with good company.

In March 2020, long-time employees and minority owners since 2010, Robert Duffy and Rob Gray, signed on as majority partners, having an opportunity to own a larger percentage of the company. The contract was signed about two weeks prior to the coronavirus outbreak, and Robert joked that had the deal been further delayed, he might have run the other way. As with Bob Romagnoli, timing is everything, and fortunately, Abscope is surviving the pandemic with minimal upset, having been deemed “essential” from the start. 

“[Rob Gray and Robert Duffy] have been an integral part of the company for decades now, and together with my brothers, developed the successful business that we have today,” President and CEO Bob Romagnoli said.

General Manager Steve Mitchell, who has been with the company for 30 years, has also been a critical piece in the growth and success of Abscope. Mitchell handles the day-to-day coordination of resources and equipment, and according to Romagnoli, “stands on his head” to keep things running smoothly. “Stevie is laser focused on ensuring that all of our projects are properly staffed and equipped; his attention to detail is extraordinary,” he said.    

The New Normal

Though the current pandemic has postponed some state-funded school-related projects, overall, it has been business as usual — with just a few tweaks. Since COVID-19 has surfaced, there has been a heightened need for both preventative and reactive office cleaning to ensure a safe workspace. This type of service is a natural fit for Abscope’s Industrial Decontamination capabilities. Abscope can provide all surface sanitization and disinfection (aggressive industrial cleans), or it can serve a client through containment, decontamination, and remediation of coronavirus infectious sites and waste.

The company’s response methods are in accordance with the Centers for Disease Control and Prevention (CDC), the Environmental Protection Agency’s (EPA) approved antimicrobial products, and OSHA’s COVID-19 planning guidance.

The team has had no active cases of the coronavirus to date.

Areas of Expertise — Rob Gray

Executive Vice President Rob Gray heads up both the remediation and geotechnical divisions, the former having gained “expert” status, the latter being a relatively new area for Abscope.

“Over the last 10 or 15 years we’ve been a pretty strong player in the MGP market,” which is short for Manufactured Gas Plant Remediation, Gray said. “We do much of that work for utilities such as NYSEG, National Grid and Rochester Gas & Electric Company (RG&E). This is an area where we’ve established a solid presence, and get a good share of the work, given our expertise.”

New York State has numerous MGP sites, Gray said, adding that “the list of sites gets longer each year [and] utility companies are doing all they can to get the sites cleaned up.”

While Abscope also provides a variety of geotechnical services such as shoreline stabilization, sheet piling, groundwater cut-off wall installation, and in-situ soil stabilization (ISS), they tend to fly under the radar a bit. Despite that, Abscope has worked on numerous geotechnical projects throughout its history, inspired by the company’s civil construction roots. Most recently, Abscope completed a shoreline stabilization project on Onondaga Lake, located directly in front of the St. Joseph’s Health Amphitheater. The next shoreline stabilization project may be out of state. “It’s an active market in Michigan right now, and we’re accustomed to working throughout the Mid-West,” Gray said.

Abscope is also gaining traction in another new territory, providing civil works for windfarm repowering projects. The work generally includes developing lay down areas, access roads, crane pads, and various other site improvements needed to replace wind turbine components. This relatively new market for Abscope began in 2018 when a “green energy” developer contacted the company for support at a local windfarm. They selected Abscope due to its stellar safety record and reputation in the region. Since then, Abscope has continued to service this client throughout the US.

Areas of Expertise — Robert Duffy

Executive Vice President Robert Duffy, alongside General Manager Steve Mitchell, is charged with leading the asbestos abatement and industrial decontamination division.

Asbestos abatement services include the removal, encapsulation, enclosure, transportation, and disposal of asbestos-containing materials, as well as building demolition or selective demolition of building components. It also entails both lead and mold remediation.

Like Gray, Duffy’s involvement at Abscope goes back decades. He has been, and continues to be, a key player at Abscope, interacting daily with clients, regulatory personnel, subcontractors, and project engineers. He is also responsible for estimating, proposal development, submittal generation, waste disposal coordination, and final report development. Duffy has been instrumental in the development of project-specific health and safety work plans and Abscope’s company-wide, behavior-based Health and Safety program.

Reflecting on his years of dedication and service to Abscope, Gray said the opportunity that Jack and Jerry gave both him and Duffy has meant a lot to him. “They saw a lot of potential in us and determined that we were guys they should hold onto to help keep the company going when they retired,” he said. “I appreciate and thank them for the opportunity they gave [us].”

Construction in the Post-Pandemic World

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By: Diana I. Plue, Esq. and Anthony C. Galli, Esq., Sheats & Bailey, PLLC

Construction projects in New York State are back in action.  Owners are happy to have their projects progress, and anxious to complete them as close to their original schedule as possible.  The desire to meet the original deadlines may lead to an owner or general contractor accelerating a project or demanding a subcontractor increase its workforce.  Work will likely be performed out of sequence.  All of this could be problematic because the simultaneous restart of the majority of construction projects will strain the already dwindling labor force.  There are only so many carpenters, electricians, masons, etc. available.  Contractors may find themselves unable to procure the skilled labor needed to perform the work as contracted—and on time.

Furthermore, other coronavirus-related factors may further burden the labor force, such as construction owners and contractors being required to conduct daily health screenings of their employees, clean and disinfect job areas after every shift, maintain a log of visitors and workers on site, and adjust shifts and sequencing of work to maintain social distancing as much as feasibly possible. These mandatory changes may affect a contractor’s ability to timely complete their work as contracted or cause additional expenses.

What should a contractor do when confronted with increased costs due to inefficiency on a job site, an owner accelerating the work, and/or increased costs due to delays in completing the work?  A contractor must give notice of its claim for additional compensation or more time.  Construction contracts often have requirements for processing claims for additional money and additional time.  A notice of claim clause is a “condition precedent” clause; meaning something must be done before something else can happen.  A notice of a claim must be provided before getting paid for the claim/additional work.  These clauses are strictly enforced.  A contractor’s failure to comply with a notice of claim clause can destroy its right to get paid for that additional work. 

On a public works project, a statute might also govern the time and method of filing a notice of claim.  For example, on a school project, a contractor must file a Verified Notice of Claim with the governing body of the school district within 90 days after a claim accrues (Education Law § 3813).  A claim on a school project accrues when a request for payment for a sum of money/extra work is denied.  This can happen in an obvious way with a request and a denial in writing.  It can also happen in a less obvious way, such as a partial denial of an application for payment, or denial of a change order request.  The 90-day clock starts to tick from that point in time. 

Examples of other public entities with statutory requirements for notice of claims are included in the following chart.  These statutes might also contain statutes of limitations to sue.  On school projects, the Education Law requires a lawsuit to be commenced against a school within one (1) year after that date the claim accrues. 

 

Public Entity

Notice of Claim

Statute of Limitations

Villages (CPLR § 9802).

File a written verified notice of claim within one year of claim accrual.

 

Must commence action within 18 months after claim accrues.

Town Law (Town Law § 65(3)).

Must file a written verified notice of claim within 6 months of the date the claim accrued.

 

Commence action within 18 months of date claim accrues.

School Districts and Schools (Education Law § 3813).

File a detailed written verified complaint with the school board within 3 months after the accrual of the claim.

 

Commence action within one year of the date the claim accrues.

City of Syracuse.

File a written verified complaint within 90 days of the date the claim arises.

 

Commence action within one year and 90 days from the date the claim accrued.

Contractors must know about both contractual and statutory notice of claims requirements.  Read your contract and read your supplementary general conditions.  Consult with qualified and experienced counsel who can provide guidance with regard to construction claim processing requirements on public works projects.  Make sure you protect your rights by filing a notice of claim as required by either or both your contract and statute.  Failure to know and follow the contractual and statutory requirements for a notice of claim could lead to you not being paid thousands of dollars in legitimate claims.  

For more information, contact Diana I. Plue, Esq. or Anthony C. Galli, Esq. at Sheats & Bailey, PLLC; a law firm dedicated to serving the construction industry.  Tel:  (315) 676-7314 / Email:  dplue@theconstructionlaw.com, agalli@theconstructionlaw.com.

 

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

Construction Contractor – Spring 2020

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Construction Contractor – Winter 2020

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B.R. Johnson, LLC Supports Workforce Development in Local Schools

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By: Joel LaPuma

Ask a manager at any construction or manufacturing business in New York State and they’ll tell you that one of the biggest challenges is finding young employees. Attracting new trade graduates is urgent in the face of an aging workforce, but lack of awareness of these industries has created a lack of new students. One of the best ways to create this awareness, and corresponding graduates, is by implementing trade education in high school.

Recognizing this need, businesses like B.R. Johnson, LLC have invested in Career & Technical Education (CTE) Pathways programs at schools, which help students achieve the training and certification needed to begin a trade career. The company’s recent partnership with the Syracuse City School District (SCSD) is the next step in its ongoing commitment to building the next generation of skilled trade employees.

B.R. Johnson is a distributor and installer of commercial windows, doors, and hardware, as well as specialty building products. In its fourth generation of ownership, the company is “always looking for ways to strengthen our business as well as others through creative partnerships,” says Tom Resch, General Manager of the Commercial Door Frame and Hardware Business Line. It was Resch who spotted the opportunities CTE programs could create for B.R. Johnson during a tour of the Onondaga-Cortland-Madison Counties BOCES facility: 

“The welding programs instructor was extremely receptive to the idea of collaborating with us for internships [and] post education job placement, and we were equally excited for them to tour our facility, work on our material in the classroom and let our welders visit the classroom to speak to real world practices.” This relationship proved so beneficial that Resch joined the BOCES CTE advisory committee.

The BOCES CTE Pathways program has already helped B.R. Johnson grow its workforce: the company hired Jordan Simon, a BOCES graduate, as a welder for its Buffalo location, and she has “done well right out of the gate,” according to Resch, which “shows the promise of looking to programs like this for employees.” The experience has been valuable for Jordan, who has even accompanied Resch to classroom visits at BOCES to “share how she’s using what she learned in the workplace.” Of her CTE program experience, Jordan says, “Welding has opened up amazing opportunities for me…  The welding program really helped boost my confidence in my capabilities.”

There’s evidence this is a common experience for students in CTE programs. “[T]hese programs are reducing missed school days and are helping to raise graduation rates,” says Resch. The CTE Pathways programs have been so successful the district has begun introducing them to students as early as the 8th grade. Resch says the company plans on expanding its involvement with the SCSD program by “continuing to sit on advisory committees, sharing with business partners the existence and importance of these programs as well as lending other time and resources.”

Resch views this involvement as not only an investment in B.R. Johnson, but in the community. “Being a resident of the City of Syracuse I see great opportunity for both the community and the students,” he says. “After all, the students are our community… If we really want Syracuse to flourish, we need to pay attention to the workforce needs and how to best set up our students for success three, four and five years down the road. That is exactly what this program aims to do.”

Kondra-DeFuria Puts the ‘Pizzazz’ in Potter Heating & Air Conditioning/Perrone Plumbing

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By: Tami Scott

In life and in business, Suzanne Kondra-DeFuria runs on passion and pure energy.

   As the president and sole owner of Potter Heating & Air Conditioning and Perrone Plumbing Services, she climbed her way to the top of a male-dominated industry with spunk, pizzazz, and a can-do attitude.

These characteristics, be them innate or learned, were showcased as young as 10 years old, when during the winter, she would shovel all her neighbors’ sidewalks.

   “I just had this energy,” she remarked.

   Then she met her father’s boss — a woman, who was the president of a trucking company, another male-dominated field.

  

“I remember her always saying, ‘Suzy, you can do anything you want,” said Kondra-DeFuria, who spoke of the times she would watch her dad’s boss at the office, dressed in suits, interacting with her team — and loved it.  “Honestly, I think the seed was planted way back then. I really was into doing what I want to do.”

The beginnings

   Potter Heating & Air Conditioning was already well-established years before Kondra-DeFuria and her husband at the time, David Kondra, came into the picture. The company, founded in 1944 by Homer Potter, began as a one-person operation based in Fayetteville. Over the years, the company grew in size and relocated several times. But Potter’s health was failing, and he was preparing to sell his business.

 “We knew the Potters,” said Kondra-DeFuria, noting the Potters had tried for a few years to persuade Suzanne and David to buy the business. Finally, after giving the idea more consideration, Kondra-DeFuria spoke up and said: “Let’s take the risk.”

   In June 1981, the keys changed hands. Potter remained an active participant in the company he nurtured for nearly four decades, until his death in 1986. That same year, the Kondras acquired Perrone Plumbing.

   More changes occurred in the years following. When the Kondras acquired the small business, they had less than a handful of employees, Kondra-DeFuria said, and Potter Heating & Air Conditioning/Perrone Plumbing generated an average $100,000 in work. As typical of most businesses, the numbers fluctuated, and internal reforms were made. Suzanne and David divorced in 1995, but they remained business partners for another 15 years, until she bought him out in 2012.

   “It was a good move because then I really expanded the business,” specifically as a 100% Women’s Business Enterprise (WBE), she said.

   Prior to the buyout, however, she still made notable strides. In 2006, she was certified as an 8A contractor with the Federal government and remained one for a period of nine years.

   “When people first found out that I obtained the designation, they’d say, ‘How did this happen?’ To get it, you have [to prove] discrimination, and I just happened to have [experienced] some major discrimination, especially [as] a woman in my business, because there were no women in my business back in the ‘80s.”

    Kondra-DeFuria’s biggest challenge to overcome in the industry was, as a woman, being able to convince customers — and counterparts — that she was knowledgeable in the mechanical field.

   She shared a story about the company’s first big job — it was $200,000. The contractor, who was from Albany, thought he had put Kondras-DeFuria on hold over the phone. He didn’t. And she heard firsthand some choice words about what he thought it would be like working with her.

   “Then all of a sudden, he realized I wasn’t on hold and he says, ‘Hello?’ And I said, ‘You know what? Why don’t you wait and see how I am before you make judgments.’”

   When the job was complete, the contractor made a point to express his final impression. He sent flowers and told her it was the most well-run job he had with a contractor and would have never thought that, she said. “I never forgot that.” 

  Also, In the ‘80s, Kondra-DeFuria was the only person who completed the Syracuse Builders Exchange Mentorship program for Minority and Women-owned businesses.

   “I still have a working relationship with my mentor at SAI and we are in our second five-year MATOC at Fort Drum,” she said.

   Kondra-DeFuria didn’t wait for change; she made it happen. “I was constantly trying to drum up business” by going to events and constantly meeting new people, she said. “I learned to do things on my own because if you wait for other people to go with you, it just doesn’t work.” 

   Today, the company thrives, bringing in millions annually. Potter Heating and Air Conditioning offers services for residential, commercial, and institutional/federal clients. Heating services include installation of gas furnaces, radiant heat systems, and hot water steam systems and boilers. Cooling services include air conditioning and improving indoor air quality. Perrone Plumbing is known for its expertise in repairs and installation; clogged sinks, drains, and toilets; new sewers and water services; faucet repairs and replacements; water heaters; pumps; grease traps; gas lines; and thawing frozen pipes.

  Kondra-DeFuria, 72, admits she likes being different. She is one of two women in Syracuse with a heating license. She was the first woman appointed to the City of Syracuse Mechanical Board in 79 years, then reappointed this year for another four-year term. In 2013, Governor Cuomo appointed her to the State Workforce Investment Board. Kondra-DeFuria was also the first woman elected president of the Syracuse Heating and Air Conditioning Contractors Association, serving four terms as president. She was the second woman recently elected as president of the Subcontractors Association of Central New York.

   In addition to her industry achievements, Kondra-DeFuria has been a volunteer at St. Joseph’s Hospital for 45 years and serves on numerous civic boards.

   Not one to ever stop, even when diagnosed with cancer more than 10 years ago, Kondra-DeFuria is a living legacy of her own making.

   “A positive outlook makes a big difference. You can’t let it take you down,” she said.

   Indeed, her diagnosis and subsequent treatment did not slow her down in either her personal accomplishments (as a former active crew member with the Syracuse Chargers, she still participated in Nationals) or business, as evidenced by the company’s double digit growth during that period and continued volunteer contributions.

   American author Earl Nightingale is quoted as saying, “The key that unlocks energy is desire. It’s also the key to a long and interesting life. If we expect to create any drive, any real force within ourselves, we have to get excited.”

   For Kondra-DeFuria, those first sparks of child-focused energy, interest, and exposure to independent thinking from a woman who was way ahead of her time, created a lasting and productive excitement that continues to this day.

Taking Command of Your Internal Controls

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By: Benjamin A. Sumner, CPA, Partner, Dannible & McKee, LLP

Internal controls are an essential part of every business to help reduce misstatements in finances due to fraud or error.  Construction companies are vulnerable to this threat because they are often reactive to incidents that occur, as opposed to proactive in putting controls in place to prevent incidents from taking place.  It can also be very difficult to implement internal controls without a management team with expertise in the area.  The factors that can lead to fraud are opportunity, incentive, rationalization, and capability.  The only factor that a company can control is opportunity.  Good internal control implementation will lead to minimal opportunity for fraud to occur.

There Are Several Important Internal Controls That Every Company Should Have in Place

  • Monthly review of financial activity– Monthly review allows for the identification of significant errors or other issues in a timely manner. An example would be comparing the balance sheet and income statement from the prior month to the current month, budgeted amounts or to the same month in the prior year.
  • Use of checks and balances– Dividing responsibility of sensitive tasks between multiple individuals can preserve the integrity of the information. An example would be having a bank reconciliation performed by someone who isn’t normally responsible for the bank account transactions.  Also, rotating responsibility can achieve the same result.
  • Limitations on user access– Requiring the use of strong passwords and regularly changing passwords, restricting user access (both physically and logically) to only those that need access to perform their regular work duties, and installation of security cameras can help to protect sensitive information and assets.
  • Segregation of duties– The three duties that should always be segregated are: recording transactions, authorizing transactions, and custody of cash/signed checks. Although this can be difficult with limited staff, it is an area that needs continuous attention as circumstances within a company change over time.  Poor segregation of duties creates opportunity for rationalization leading to fraud.

What Are Some Steps to Implementing Great Internal Controls?

  • Tone at the top – Top level management and ownership should take implementation seriously and stress the importance to employees.
  • Document current policies and procedures for every significant transaction cycle. Examples are revenue recognition and cash receipts, expenses and cash disbursements, payroll process, etc. Use of checklists and user control matrices can be helpful.
  • Identify current control weaknesses, gaps and incompatible duties. Think critically about how someone might try to manipulate financial data or steal assets and implement changes to the current policies to address those issues.

How Can Your Accountant Help?

Accounting Services:

Transaction level or higher‑level services like regular meetings, outsourcing accounting services can help smaller companies to produce timely financial information. This is especially helpful for companies that lack management expertise or the resources to hire someone who does.

Financial Statement Engagements:

Audit– Provides “reasonable assurance” whether the financial statements are free from material misstatements through various procedures such as observing physical inventory counts, gaining an understanding of internal controls in place, confirmation of balances with outside parties and testing of transactions to source documents.  A management letter will provide recommendations about internal controls that can be implemented.

Review– Provides “limited assurance” through the inquiry of management and analytical procedures on your financial data.  This type of engagement is less in scope than an audit but will provide a closer look through your finances than a compilation engagement.

Compilation– Provides no assurance on the accuracy of financial data, however, will organize management’s financial information into a standard format under Generally Accepted Accounting Principles in the US (GAAP).  Significant errors may be recognized and corrected during a compilation engagement, but generally this type of engagement shouldn’t be relied on to find errors or fraud.

Other Services or Engagements:

Agreed-Upon Procedures– Specific procedures are performed on an account, class of transactions, or internal controls that are agreed upon in advance by management or a third‑party requesting these procedures.  An example is if a construction company only wants to test their work‑in‑progress accounts.  Agreed‑upon procedures provide a more cost‑effective way to gain comfort on a specific account balance without having an entire financial statement audit performed.

Internal Control Consulting– Consulting engagement where the organization’s internal controls are documented, and limited testing is performed to provide recommendations on improvement to management.  This can be a great way to develop better procedures and to objectively reassign duties.

Service Organization Control (SOC) Audit– SOC for Service Organizations audit reports are designed to help service organizations that provide services to other entities, build trust and confidence in the service performed and controls related to the services through a report by an independent CPA.  Each type of SOC for Service Organizations report is designed to help service organizations meet specific user needs whether it be reporting on internal controls surrounding financial reporting or internal controls related to security, availability, and processing integrity of the systems the service organization uses to process users’ data and the confidentiality and privacy of the information processed by these systems.

Protecting your company’s assets should be among the highest priorities for organizations of all sizes and stages.  While internal controls may not be able to completely prevent errors and fraud from occurring, a strong system of controls will reduce the opportunity for these issues to transpire.

Benjamin Sumner, CPA, is an audit partner and has over ten years of experience providing auditing, accounting and consulting services to a wide variety of privately-held businesses. Ben concentrates in the construction industry and specializes in providing audits of employee benefit plans.

Mary Shepherd at the Top and Close to Home with her own business; BGM Supply.

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By Martha E. Conway

Mary Shepherd didn’t have to go far from home to rise to the top; the 55-year-old owner of BGM Supply in Utica, a New York state-certified woman-owned business, was born and raised in Westmoreland, graduated from high school there and still lives there today.

After Shepherd earned her two-year accounting degree from Mohawk Valley Community College, she got a job working at a bakery then later moved into a job at a car dealership before realizing she’d reached her potential with the degree she had.

“I couldn’t move up in the workforce, so I went back to school,” Shepherd said, explaining she put her four-year accounting degree to work at a major non-profit. “Then I came here.”

Shepherd said when she worked for the dealership, she said she handled all the warranty work and traveled with the owner to all its locations to get their systems in order to correctly keep track of things.

“Again, I went as far as I could go,” she said. “I knew I had what it took to go somewhere else.”

That was about 1994, she said, and she’s spent nearly three decades looking at every opportunity to realize her vision of success for BGM. Her husband was a driver for the business, and the owner used to suggest she join the team.

“It was supposed to be a little part-time thing,” Shepherd said, adding that she soon learned the business was struggling to grapple with the business end of operating a business, explaining businesses can lose big money without proper tracking systems in place. “I wanted to turn it around.”

Shepherd said she implemented proper recordkeeping systems, streamlined everything she could and started working to grow BGM’s customer base. Dec. 31, 2015, she finalized The Shepherd Group, LLC, with a DBA for BGM Supply, and it was all hers.

“I’m good with people and connect well with them,” she said. “Why not take on what you’ve helped build to success?”

Two months after taking ownership of the business, Shepherd wound up gravely ill. Hospitalized and not expected to survive, her son, Eric, 27, quit his job and stepped in to help out.

She helped him run the business by telephone from her hospital bed after about a week. About two weeks later, Shepherd was able to show up in person to explain what needed to be done, and eventually returned to full-stride.

“My son is really good on the tech stuff,” Shepherd said, and she’s working to bring him in on all facets of the business should he ever have to step in again. “I want to make sure the business keeps going if anything happens.”

Shepherd said she wouldn’t have considered starting a new business.

“Here, everything was already started, already in place,” she said. “People knew me, and I had good relationships.”

Customers had already worked with her, she said, and they trusted her and respected her knowledge and experience.

“I’ve made lots of changes,” Shepherd said. “I’ve invested a lot of money into the business. I’ve worked to improve organizational and structural things, cleaned up the place a lot and doubled the staff.”

In addition, she raised employee salaries and offered them a good benefits package, she said.

“I want to take care of my employees,” Shepherd said. “I want to retain them.”

 She said the thing that surprised her most when she took over was writing and signing paychecks.

“That had a very different feel to it,” Shepherd said of the additional responsibilities.

Shepherd said she had run into challenges that men typically wouldn’t encounter, starting with the woman-owned certification process itself.

“This is a male-dominated business,” Shepherd said. “When I was going through the process to get certificatied, people would ask, ‘How can you ever run that kind of business?’ I’ve been questioned about my abilities, and I think that’s just because I’m a woman. Women can bring a whole host of other skills and abilities to the table – organization, for one – and a different perspective.”

The certification process was arduous, she said.

“It took me about three years to get my certification,” Shepherd said. “I knew as soon as I bought the business, I wanted to start the process because I knew it would be to my advantage to have it.”

I was denied at first, but I pursued it, won the appeal and earned the certification April 6, 2018.

Shepherd said she understands women may be reluctant to put themselves out there to work toward their dreams.

“If you put your mind to it, you can do anything,” Shepherd said. “Get good people behind you. This is a tough business, and there’s a lot to manage. You need to learn to delegate and not try to do everything yourself.

“As an owner, you have to put yourself out there and make things happen – show them by actions. There are stereotypes, to be sure, but you have to get past them with your actions and prove yourself. Look for other women in business and connect with them … network.”

Shepherd said she takes time over the holidays to call customers and say ‘happy holidays,’ and thank them for their business.

“You have to give a little of yourself,” she said. “People will do business with people they have relationships with. If they need something and I’m closed, I will come in. That’s the way it should be.”

Shepherd heads the finances for her church, and she said there have been times when parishioners have had no heat and no resources.

“If someone is in need and has no heat, we can make that happen,” Shepherd said.

She is proud of BGM’s ability to help others.

“I’m the full-time caretaker for my dad, and I have an aide who helps with him,” she said. “She was flooded and we helped her get her heat back on. In another case, my son installed a boiler, which shortly after also was ruined in the floods. The homeowner had a disabled daughter who needed hot baths. We were able to work with the supplier to get a new boiler at a discount.

“We do a lot with the community, and if someone is in trouble, I know a lot of people, so we have avenues to help.”

Shepherd said after her personal experience with the process, she has helped other women by being a sounding board for them as they pursue certification.

“I try to help them out whenever I can,” she said.

Shepherd said women need to work on their self-promotion and be more confident.

“Come out of your shell,” she said. “I know fear gets in the way. Go beyond it; take a chance, take a risk and let down your guard.”

Shepherd continues working to build something great that Eric can someday step into.

“I’ve sent my son to business and accounting classes to prepare him to one day take over,” she said. “I want to get him cross-trained, so he can step in. You can’t leave yourself the only person who knows what’s going on. If something happens, the business keeps going.”

Shepherd said hers is very much a family-owned and -operated operation.

“It’s unique in this field,” she said. “There are a lot of chains out there.”

Shepherd said she’s got a young, tech-savvy crew who can find whatever people need.

“People can walk in and ask us anything,” she said.

According to Shepherd, she thinks there is a perception BGM Supply is strictly a commercial outfit.

“We have a very wide range of stock – I think more than anyone around,” Shepherd said. “We do wholesale and retail, and our total service and delivery, I’m told, are better than anyone else out there.

“We have just about everything for plumbing, mechanical and water systems, and more,” Shepherd said.

Shepherd said it can be a little tricky to find BGM Supply on the state’s website for certified women-owned businesses, but she’s right there under The Shepherd Group, LLC.

“That’s really frustrating because public projects require using state-certified woman-owned businesses,” she said. “Roofers who need insulation for school projects, for instance, can come to us for that.”

Shepherd said her vision for the next five to 10 years includes continued expansion of product lines to broaden offerings, as well as continuing to grow her customer base.

Geography isn’t a consideration, either, she said.

“A lot of our jobs are packages we put together to be drop-shipped,” Shepherd said. “Our radius is quite large. We serve the city of Buffalo – corrections and parks – and Battery Park in New York City. I can cover any area that needs to be covered.”

“We stand out because we’re more personable and offer more collective knowledge,” Shepherd said.

Construction Contractor – Summer 2020

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