Governor
Pataki has announced the creation of a special state fund to accept donations
from those who wish to support the World Trade Center emergency response and
victims support efforts. Concerned
individuals across the state and nation can now make a donation to the
newly-created New York State World Trade Center Relief Fund via the State’s web
site located at: www.state.ny.us
“Since
the tragic and outrageous terrorist attacks took place on September 11th, the
outpouring of support from across the nation has been remarkable,” Governor
Pataki said. “We are urging all New
Yorkers and concerned Americans to show their support by making a donation to
the New York State World Trade Center Relief Fund. When Americans pull together, America is at its best.”
Individuals
may visit www.state.ny.us and make a donation via credit card. They may also call (800) 801-8092 and make a
donation via telephone using a credit card, or by sending a check donation by
mail to the New York State World Trade Center Relief Fund, P.O. Box 5028,
Albany, New York 12205.
The
Governor also announced that several prominent banks, with branches in New York
State, New Jersey and Connecticut, have joined together to make it simple for
individuals or businesses with accounts at the banks to make a donation to the
New York State World Trade Center Relief Fund established by New York State,
and the Twin Towers Fund established by the City of New York. Both funds were created to raise money to
assist with disaster response and victim assistance in the wake of the
terrorist attacks.
The
banks taking part so far include:
·
JP MorganChase
·
Citibank
·
HSBC Bank USA
·
North Fork Bank
·
M & T Bank
·
Dime Savings Bank
·
GreenPoint Bank
Individuals
with accounts at any of these banks can go to any of their bank’s branches
within New York State, New Jersey or Connecticut and make a donation to the
Fund directly from their checking or savings account, credit card or with
cash. The number of banks taking part
is expected to grow. Each of the banks is also accepting contributions for the
American Red Cross at their branches.
Check with your bank to see if it is participating in this program.
NESCA
members are urged to contribute to the New York State World Trade Center Relief
Fund or to any of the following:
·
The September 11th Fund: Send in care of The United Way
of New York City, 2 Park Avenue, New York, NY 10016 (212) 251-4035.
·
American Red Cross: Call (800) 448-3543.
·
The Salvation Army: Visit the Salvation Army web site
at www.salvationarmy.org or call (800) SAL-ARMY.
·
Catholic Charities USA: Visit the Catholic Charities web site at
www.catholiccharitiesusa.org
·
American Blood Centers: Call (888) 256-6388.
·
International Association of Fire Fighters: Visit their web site at www.iaff.org
·
New York Fraternal Order of Police WTC Fund: Visit their web site at www.nysfop.org
·
Federal Emergency Management Agency: Visit their web site at www.fema.gov
·
National Organization for Victim Assistance: Visit their web site at www.try-nova.org
·
FBI Missing Persons:
Call the FBI telephone hotline at (800) 331-0075 to find/report
information on missing persons or for information on possible victims.
·
How to Report Information on Terrorist Attacks. If you have information on the terrorist
attacks, contact the FBI at its web site at www.ifccfbi.gov or call the FBI
telephone hotline at (800) 331-0075.
PRESIDENT’S
MESSAGE Go Top
What
a difference one month makes. Last
month in this space I was full of business optimism as I wrote about the many
activities and events NESCA has planned for the coming year. This month, it is difficult to focus on
little else but the horrific tragedy which has befallen our nation. The attack on the World Trade Center and the
Pentagon is something none of us has ever experienced before; war in our own
country. The images of the twin towers
being hit by airliners and then ultimately collapsing will be indelibly
ingrained in our minds and in our hearts.
We will always remember where we were and what we were doing when we
heard news of this disaster.
Undoubtedly,
there are members of NESCA and of our state affiliate, the Empire State
Subcontractors Association, who have experienced personal loss in this
catastrophe. Some of you may have had
family or friends in the World Trade Center on September 11th, and to each and
every one of you I express my deepest sorrow and sympathy. Please know that the thoughts and prayers of
each and every member of NESCA are with you during this unprecedented
period. Your loss has been our loss.
The
construction industry is full of good and generous people. And I know like me you have wondered what
you can do to help. That is why the
front page of this month’s Newsletter has been devoted to providing information
about some of the organizations you may contact to make financial
contributions, to donate blood, or to help in other ways.
During
this troubling chapter in our nation’s history, we are reminded of just how
great our country is and of all the things we have taken for granted in our
lives. It is a time of mourning and a
time for reflection. It is also a time
to be especially proud of our country and to stand firmly behind our elected
leaders and the decisions they make in the weeks and months to come. It won’t always be easy, and certainly the
events of September 11, 2001 have likely changed how go about our business. But if we all stand together as Americans,
we will prevail and we will rebuild.
Robert H. Kind
President
OCTOBER
EDUCATIONAL COURSES TO BE OFFERED Go Top
The
NESCA/GBC/ECA Joint Educational Partnership will be offering three different courses
starting in the month of October as follows:
Basic Blueprint Reading will be held for twelve consecutive
Wednesday evenings beginning October 3, 2001, from 6:00-9:00 pm at the Building
Industry Center (October 3 & 10) and Hudson Valley Community College (all
other nights). Cost: $75 per person
plus cost of text book.
Superintendent Training Program - Contract Documents & Construction
Law will be held for five consecutive Thursday evenings beginning October
4, 2001 from 6:30-8:30 pm at the Building Industry Center. Cost: $150 per person.
OSHA 10 Hour Construction Safety Outreach Course will be held on
two consecutive Tuesdays, October 9 & 16, 2001 from 3:00-8:30 pm at the
Building Industry Center. Cost: $125
per person.
Interested
members may contact the NESCA office for additional information and
registration forms.
DEVELOPERS ARE NOT “CONTRACTORS” FOR LIEN FILING PURPOSES
Go Top
In
a Supreme Court case in New York County (In re 110 Church LLC et al), the court
addressed an issue concerning the class of claimants permitted to file liens
under the New York State Mechanics Lien Law.
Developers of two renovation
projects in lower Manhattan filed mechanics liens for services provided as developers
in connection with the coordination, supervision, and direction of the
development of the project. The court
held that while supervisory services may form the basis for a lien, such
supervision must be of actual, on site construction work, and the performance
of collateral supervisory functions, such as the negotiation of contracts or
the procurement of bids constitute non-lienable work.
This
decision, simply stated, denies developers the status of contractors for lien
filing purposes. Also, any such liens
may be summarily dismissed as provided in Lien Law section 19(6).
Terence J. Burke
NESCA Legal Counsel
GOVERNOR SIGNS
BILL WHICH REQUIRES PROOF THAT PENSION PROGRAM IS IRS QUALIFIED Go Top
On
August 20, 2001, Governor Pataki signed into law legislation which would
require substantiation by contractors and subcontractors on public works
projects that pension plans for which supplements have been paid into are
qualified as a bonafide plan by the United States Internal Revenue
Service. Signed as Chapter 203, laws of
2001, the bill would mandate that the Commissioner of Labor require proof that
the pension plan for which any supplement has been paid by a contractor or
subcontractor is qualified as a bona fide plan. Acceptable proof shall be shown by submission of a determination
letter issued by the IRS.
The
Senate and Assembly sponsors of this legislation had contended that some
employers on public works projects have diverted prevailing wage supplements
into pension plans which are not bona fide and structured in a way as to
prevent the worker from ever accessing.
This new law takes effect on November 20, 2001.
WHEN THE NATIONAL GUARD AND MILITARY RESERVES ARE CALLED
TO DUTY: EMPLOYER IMPLICATIONS Go Top
In
the wake of the September 11 terrorist attacks, some National Guard units have
been activated to help with rescue and cleanup efforts. It is also possible that military reserves may
be pressed into service for the same purpose.
In light of these developments, employers should know the relevant
employment laws that spell out how such call-ups will affect employers,
employees and jobs.
A
1994 federal law, the Uniformed Services Employment and Reemployment Rights Act
(USERRA), for example, spells out employees’ rights to re-employment if they
are absent from work because of service in the uniformed services. This law, which applies to both public and
private employers, specifies that most employees are entitled to re-employment
as long as they give advance notice of service (unless that’s impossible), have
cumulative absences of less than five years, and, in most cases, apply for
re-employment. USERRA also spells out
how employees can seek re-employment.
Those requirements vary, depending on the length of service. The law also spells out some exceptions to
these re-employment rights -- for example, in cases of plant closings or jobs
that were originally brief and non-recurring.
The law also addresses the positions to which workers are entitled upon
re-employment. These provisions vary
according to the employee’s length of service and disabilities, if any.
The
law also addresses questions related to employment benefits. For example, the law specifies that, upon
re-employment, employees are entitled to all of the seniority-based benefits
they had when uniformed service began, plus any additional benefits they would
have accrued had they remained continuously employed. And USERRA requires all health-care plans to provide COBRA-type
coverage for up to 18 months. For
determining pension benefits, USERRA requires employers to credit employees
with years of service while the employees are on uniformed service leave.
In
practice, many major employers historically have been generous in supporting
their employees who are pressed into uniformed service in times of national
emergency - for example, by continuing to pay part or all of workers’ salaries
during uniformed service. In current circumstances,
that tradition is likely to continue.
- The Business Council of NYS, Inc.
21ST ANNUAL
NESCA TRADE SHOW OCTOBER 11, 2001
CENTURY HOUSE,
LATHAM
5:00 - 8:30 PM
Go Top
Business
owners and managers involved in the commercial construction industry who wish
to learn about the latest in construction products and services will have the
opportunity to engage in some one-stop shopping when NESCA hosts its 21st
Annual Trade Show on Thursday, October 11, 2001 at the Century House in
Latham. The Trade Show, which will be
held from 5:00 - 8:30 p.m., will expose subcontractors, general contractors,
design professionals, manufacturers, and public owners to a wide variety of
products and services in virtually every trade category. Rigging equipment, power tools, lifts and
ladders, acoustical products, windows and doors, insurance and bonding
services, welding equipment, temperature controls, fasteners and fencing
products are among the many products and services which will be on display at
the Trade Show.
It
is anticipated that all available exhibit space will be sold out with
approximately 50 exhibitors on hand, and total attendance at the Trade Show is
expected to top 500. Those NESCA
members who have attended the Trade Show in the past know that it is much more
than just a trade show, it is an industry event calculated to bring the various
segments of the commercial construction industry together for an evening of
business networking. While taking in
the exhibits, attendees will be treated to a variety of hors d’oeuvres, carving
stations and other great food at the International Food Bazaar. Lots of door prizes will be given away by
exhibitors, and a “Super 50/50” drawing will be held, with a guaranteed payout of at least $1,000 to the
winner!
NESCA’s
condensed 3 1/2 hour format, unlimited food and bar, exciting prizes,
networking with construction industry professionals and the chance to see the
most complete line-up of commercial construction products and services
available in Northeastern New York is sure to make this event one that NESCA
members will not want to miss. The
admission fee for the Trade Show is $20 per person for advance registrations
and $25 at the door. To register to
attend the trade show, contact the NESCA office at (518) 869-9800.
Exhibits Open - 5:00-8:30 p.m. Open Bar - 5:00-8:00 p.m.
Food Bazaar & Hors D’oeuvres - 5:00-8:00 p.m.
Silent Auction - 5:00-8:00 p.m. Super 50/50 Drawing - 8:15 p.m.
