April 2024

Attorney’s Column – Court Holds that Vague Arbitration Clause Is Still Sufficient to Compel Parties to Arbitrate

One clause that is often overlooked as boilerplate when negotiating a construction contract is the arbitration or, more broadly, ADR (Alternative Dispute Resolution) clause. There are definite benefits of using arbitration over litigation: a more streamlined procedure, typically lower cost, a faster resolution (particularly when some courts are still digging out from the Covid backlog), and a more informed decision maker (typically a construction lawyer, an engineer or architect, or a construction manager).

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Construction Sector Must Contend With Legal Marijuana in the Workforce

NAPLES, FL—Legal marijuana has become a major concern for construction employers with statistics showing it is contributing to more accidents, worsening the health of workers who use it, and it is responsible for lapses in their judgment and memory. With wider-spread use of marijuana in society, there are greater underlying risks to workers, company equipment and property, and public safety.

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Albany Update – NY State Environmental Facilities Corp. Closes $717-Million Bond Sale

ALBANY—President and CEO Maureen A. Coleman announced on April 2 that the New York State Environmental Facilities Corporation had successfully closed a $717-million bond sale that will provide financial assistance for New York City water infrastructure projects. Based on current market conditions, the transaction is projected to save local ratepayers an estimated $183 million over the next 30 years, EFC officials stated.

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Hudson Valley Students Learn About Trade Skills, Careers at 24th Annual Construction Career Day

SUFFERN, NY—High school students from across the Hudson Valley met with building trade experts to participate in skills-building activities and learn about union careers at the 24th Annual Hudson Valley Construction Career Day scheduled on Fri., April 12. More than 700 students filled the Rockland Community College Fieldhouse in Suffern to explore diverse careers in the construction and the building trades, and to learn about the financial and educational advantages of apprenticeship training. Representatives from the unions and private-sector companies engaged the students in demonstrations such as welding, carpentry and soldering.

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Financial Management – ESOPs Offer Smooth Exit Strategies for Owners

It’s a conundrum more common than you might think: the owner (or owners) of a privately held, mid-size construction company is getting older and considering the exit options, but questions surrounding succession planning start to arise. How do they ensure a smooth transition and business continuity? How can they take care of their employees while also managing themselves out of the organization, and what options are open to them?

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Safety Watch – Company Liable for Failing to Document Violations of Safety Policy Regulations

In this era of labor shortages and the constant need to secure adequate staffing, construction companies have to balance the practical needs of their business with the needs imposed by laws and regulations as it relates to the safety of their employees. However, if employees violate certain safety rules, they should be properly disciplined with such actions being clearly documented. If employees continue repeating such violations, termination is warranted.

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Economic Outlook – Lower Hudson Valley Successes Fuel Rising Housing Prices, Stoking Demand

The recent economic trends in the Lower Hudson Valley will have far-reaching implications for the region’s future. A thriving job market, flourishing commercial real estate sector, and dynamic housing market support the foundation for continued economic growth and prosperity. However, challenges such as housing affordability and workforce development must be addressed to ensure that all residents benefit from the region’s success.

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