Construction News from New Jersey, New York, and Pennsylvania

Matthew Phair -- Constructioneer, 12/18/2007 12:02:00 PM

Multi-Prime Waved Temporarily In Philly School Construction
Philadelphia, Pa. – On November 21 the Supreme Court of Pennsylvania ruled to reinstate the Mandate Waiver Program in which Pennsylvania school boards may apply for a waiver of the multi-prime contracting in construction of public schools. The Supreme Court ruled that to build school projects under single-prime contracting favors the public interest by contributing to efficient and economical public school construction. The program that permits multi-prime waivers on school construction will be in effect until June 30, 2010.

In Pennsylvania, under the Separations Act of 1913, all public works construction projects must be let to separate prime contractors (i.e., multiple-prime) for general construction, plumbing, heating, ventilating, and electrical work. However, between 1919 and 1951, and again from 1957-1959, the School Code governing public school construction permitted single-prime contracting, where an owner only contracts with one general contractor. The School Code was changed in 1959 to require multiple-prime contracting. As school construction became more complex over time, this multiple-prime delivery method proved less effective and more costly, negatively affecting all involved, including the students and taxpayers.

Therefore, in 2000, the General Assembly in Harrisburg passed legislation that permitted schools to obtain waivers from the Department of Education from the mandate under the School Code for multiple-prime contracting. Between 2001 and 2003, the PA Department of Education granted such waivers to dozens of schools. Then in January 2003, a lawsuit was filed against the waiver system, and the Commonwealth Court ruled that the waiver program could not proceed because schools were also subject to the aforementioned Separations Act.

In May, 2004, GBCA and its allies filed their own suit in the Commonwealth Court. Initially, the Commonwealth Court ruled against the GBCA. But the November 21, 2007 ruling of the Pennsylvania Supreme Court reversed the Commonwealth Court’s decision, holding that that the School Code can be waived pursuant to the Mandate Waiver Program. As such, schools across the Commonwealth are now able to apply for waivers from the multiple-prime system of construction.

Stewart Airport Access Road Opens
Newburgh, N.Y. – The New York State Department of Transportation announced the opening on November 21 of the newly constructed Interstate 84/New York Route 747 interchange, as well as the new Stewart Boulevard, which provides an east-west connection between NY 747, also known as Drury Lane, and Stewart International Airport in the Towns of Newburgh and New Windsor, Orange County. This signals completion of all major construction on a $55 million project to help alleviate area congestion, improve access to airport parking, and reduce travel times for both airport and local traffic.

More than one mile of new roadway was constructed as Stewart Boulevard in order to connect International Boulevard, also known as C Street, west to NY 747. Almost 3.5 miles of roadway on NY 747 was reconstructed and widened and an interchange connecting Interstate 84 and NY 747 was built, creating Exit 5A on Interstate 84. The project, which began in January 2006, also included roadside landscaping, the construction of four new bridge structures and the installation of traffic signals.

Trump Takes Control of Meadowlands EnCap Golf Project
Secaucus, N.J. – Real estate developer and casino boss Donald Trump will attempt to rescue the troubled Encap development project in the Meadowlands. Envisioned is a world-class golf course designed by golf course architect Tom Fazio - akin to the Trump National Golf Club in Bedminster - residential housing, open space and a hotel. Developers had hoped to replace dumps in the Meadowlands with two golf courses and luxury housing. But mired in debt, the New Jersey Meadowlands Commission declared Encap in default in May. The original plan called for two golf courses and 2,000 residences.