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Avoiding Expensive Potholes: Prevailing Wage Work, Benefits, and Payment

November 16, 2010


The Associated Builders and Contractors of New Jersey, in conjunction with Flaster/Greenberg PC and Beneco, will discuss prevailing wage work, benefits and your contract payment provisions that will help contractors with issues that affect their bottom line. This lively and interactive discussion will cover the following topics:

New Jersey's Prevailing Wage Act

Confused and concerned about bidding on state and federal Public Work Projects? Take the worry out and learn what work is covered, determine prevailing rates, and stay updated on compliance issues, record keeping and penalties for non-compliance.

Save Money When Bidding on Prevailing Wage Jobs

The benefits portion of prevailing wage act work can be troublesome and costly. How do you determine the benefit obligations? How can you control benefit costs and minimize tax obligations?

What Your Contract Really Says About Payment

Your right to receive progress and final payments and your obligation to make those payments are typically governed by contract provisions. A vast number of contracts now include either "pay-when-paid" or "pay-if-paid" clauses. Does the prime contractor have an obligation to make payments if it has not received payment from the owner? Who has the risk of non-payment? What is the impact of the New Jersey Prompt Payment Act?

Presented by

Steve Van Oyen, New Jersey State Department of Labor

Tracy O’Brien, Client Development Manager, Beneco

Michael S. Simon, Shareholder, Flaster/Greenberg PC

J. Philip Kirchner, Shareholder, Flaster/Greenberg PC, Moderator


Tuesday, November 16th


Flaster/Greenberg PC

1810 Chapel Avenue West

Cherry Hill, NJ 08002


Registration: 5:00 p.m.

Program: 5:30 p.m. - 7:00 p.m.

Wine, beer and heavy hors d'oeuvres will be available

Advanced registration is recommended by November 12.  To register, contact:

Laura Slomka
Associated Builders & Contractors, NJ
609.393.9891 (fax)


Tracy O’Brien is the East Coast Sales Executive for Beneco, a nationwide company specializing in prevailing wage plans for contractors working on Davis Bacon federal/state jobs. She is very involved in the ABC and in assisting members become more competitive when bidding these jobs.

Michael S. Simon is a Shareholder at Flaster/Greenberg and he is a nationally recognized construction attorney, focusing his legal practice on issues that could impact the construction contract and project, from bidding to final acceptance. 

J. Philip Kirchner is a shareholder at Flaster/Greenberg, a member of the firm’s Commercial Litigation, Construction Law and Labor and Employment practice groups and the chair of the firm’s Restaurant and Hospitality industry group.  He focuses his practice on resolving commercial disputes of all types in the federal and state courts of New Jersey and Pennsylvania and through alternative dispute resolution methods.


Flaster/Greenberg PC, attorneys at law, has been providing legal services to individuals, entrepreneurs, privately held and family-owned businesses and publicly traded corporations throughout the Delaware Valley for nearly four decades.  A regional business law firm of 75 attorneys with offices in Pennsylvania, New Jersey and Delaware, Flaster/Greenberg serves clients in dozens of industries and practice areas including bankruptcy, business & corporate, litigation, construction, environmental, healthcare and intellectual property law.

For nearly 25 years, Beneco has been the leading provider of bona fide Prevailing Wage plans for the construction industry. Beneco specializes in customizing and administering prevailing wage fringe benefit plans for contractors and service contractors who work on state and federal prevailing wage projects including those under the Davis-Bacon Act and McNamara-O'Hara Service Contract Act (SCA).

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