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012403 Bedford Central Schools asks repeal of Wicks Law
By FRANK NARDOZZI
The Bedford Central Board of Education has voted unanimously to join other school boards across the state in asking for the repeal of the state's Wicks Law, which requires separate contracts for various parts of any construction project whose total cost exceeds $50,000.
The New York State School Boards Association (NYSSBA) estimates that separate contracts can drive up the cost of construction projects between 15 percent and 30 percent and prolong construction time.
NYSSBA also points out that Wicks puts a school district in the position of managing a construction project, coordinating all of the work and resolving disputes between contractor's.
If NYSSBA is correct, the requirement for separate contracts could cost Bedford Central more than $10 million on the $67.7 million school bond construction project that the school district is about to embark upon.
The school board voted to approve a resolution calling for repeal of the Wicks Law at its meeting on Jan. 15. The resolution calls the state requirement needlessly cumbersome and burdensome and asserts that the increased construction costs result in less money being made available for instructional programs of direct benefit to students.
The Wicks Law governing school district and municipal construction contracts was put into effect in 1912. It requires the award of separate contracts for electrical, plumbing and HVAC (heating, ventilating and air conditioning) construction work. The remainder of the work is normally covered under a fourth contract awarded to a general contractor.
The federal government and almost all other states allow the use of general contractors who assume responsibility for all phases of a construction project.
Proponents of the Wicks Law argue that the statute is designed to protect subcontractors from unscrupulous general contractors who ignore safety regulations and workers', rights in order to offer the lowest possible bids. They also argue that separate contracts result in better quality construction.
The debate over repeal of the 90year-old law has raged in Albany for decades with the state's powerful construction unions so far holding sway in favor of its retention. However, NYSSBA points out that the state has already exempted school districts in New York City and Buffalo from the Wicks Law requirements. The school boards'association argues that school districts with less political clout should also be allowed the same advantages.
A study completed in March 1999 indicated that New York City's School Construction Authority saved $192 million on school construction costs as a result of it exemption from the Wicks Law. The study also indicated that construction time had been reduced by 5 percent.
School districts are hopeful that in the current economy, the state will see repeal of the Wicks Law as a spur, to capital improvement projects which would be good for both contractors and unions alike.