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    SEC Form 11-K filed by Energy Services of America Corporation

    6/30/25 12:02:13 PM ET
    $ESOA
    Water Sewer Pipeline Comm & Power Line Construction
    Industrials
    Get the next $ESOA alert in real time by email
    11-K 1 form11k_2024.htm ENERGY SERVICES OF AMERICA CORPORATION FORM 11-K DECEMBER 31, 2024
    UNITED STATES
    SECURITIES AND EXCHANGE COMMISSION
    WASHINGTON, D.C. 20549

    FORM 11-K

    FOR ANNUAL REPORTS OF EMPLOYEE STOCK PURCHASE, SAVINGS
    AND SIMILAR PLANS PURSUANT TO SECTION 15(d) OF THE
    SECURITIES EXCHANGE ACT OF 1934

    ☒
    ANNUAL REPORT PURSUANT TO SECTION 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934.

    For the fiscal year ended December 31, 2024

    OR

    ☐
    TRANSITION REPORT PURSUANT TO SECTION 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934.

    For the transition period from _______________ to _______________

    Commission File Number 001-32998

    A.  Full title of the plan and the address of the plan, if different from that of the issuer named below:

    Energy Services of America Staff 401(k) Retirement Savings Plan

    B:  Name of issuer of the securities held pursuant to the plan and the address of its principal executive office:

    Energy Services of America Corporation
    75 West Third Avenue
    Huntington, West Virginia 25701




















    ENERGY SERVICES OF AMERICA
    STAFF 401k RETIREMENT SAVINGS PLAN

    Financial Statements

    December 31, 2024 and 2023

    With Reports of Independent Registered Accounting Firm




    Table of Contents


    Page
       
    Report of Independent Registered Public Accounting Firm
    3 - 4
       
    Financial Statements
     
       
    Statements of Net Assets Available for Benefits
    5
       
    Statement of Changes in Net Assets Available for Benefits
    6
       
    Notes to Financial Statements
    7 - 14
       
    Supplemental Schedules
     
       
    Schedule H, Line 4a ‐ Schedule of Delinquent Participant Contributions
    16
       
    Schedule H, Line 4i - Schedule of Assets (Held at End of Year)
    17
       
    Signature Page
    18
       
    Exhibit 23.1 - Consent of Independent Registered Public Accounting Firm
    20







    Report of Independent Registered Public Accounting Firm

    To the Plan Administrator and Plan Participants of
    The Energy Services of America 401k Retirement Savings Plan
    Huntington, West Virginia

    Opinion on the Financial Statements

    We have audited the accompanying statements of net assets available for benefits of the Energy Services of America Staff 401k Retirement Savings Plan (the “Plan”) as of December 31, 2024 and 2023, the related statement of changes in net assets available for benefits for the year ended December 31, 2024, and the related notes (collectively, the “financial statements”). In our opinion, the financial statements present fairly, in all material respects, the net assets available for benefits of the Plan as of December 31, 2024 and 2023, and the changes in net assets available for benefits for the year ended December 31, 2024, in conformity with accounting principles generally accepted in the United States of America.

    Basis for Opinion

    These financial statements are the responsibility of the Plan’s management. Our responsibility is to express an opinion on the Plan’s financial statements based on our audits. We are a public accounting firm registered with the Public Company Accounting Oversight Board (United States) (PCAOB) and are required to be independent with respect to the Plan in accordance with the U.S. federal securities laws and the applicable rules and regulations of the Securities and Exchange Commission and the PCAOB.

    We conducted our audits in accordance with the standards of the PCAOB. Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether due to error or fraud. The Plan is not required to have, nor were we engaged to perform, an audit of its internal control over financial reporting. As part of our audits we are required to obtain an understanding of internal control over financial reporting but not for the purpose of expressing an opinion on the effectiveness of the Plan’s internal control over financial reporting. Accordingly, we express no such opinion.

    Our audits included performing procedures to assess the risk of material misstatement of the financial statements, whether due to error or fraud, and performing procedures that respond to those risks. Such procedures included examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. Our audits also included evaluating the accounting principles used and significant estimates made by the Plan’s management, as well as evaluating the overall presentation of the financial statements. We believe that our audits provide a reasonable basis for our opinion.

    3


    Supplemental Information

    The supplemental information in the accompanying schedules, Schedule H, Line 4i - Schedule of Assets (Held at End of Year) as of December 31, 2024 and Schedule H, Line 4a - Schedule of Delinquent Participant Contributions for the year ended December 31, 2024, have been subjected to audit procedures performed in conjunction with the audits of the Plan’s financial statements. The supplemental information is presented for the purpose of additional analysis and is not a required part of the financial statements but included supplemental information required by the Department of Labor’s Rules and Regulations for Reporting and Disclosure under the Employee Retirement Income Security Act of 1974. The supplemental information is the responsibility of the Plan’s management. Our audit procedures included determining whether the supplemental information reconciles to the financial statements or the underlying accounting and other records, as applicable, and performing procedures to test the completeness and accuracy of the information presented in the supplemental information. In forming our opinion on the supplemental information, we evaluated whether the supplemental information, including its form and content, is presented in conformity with the Department of Labor’s Rules and Regulations for Reporting and Disclosure under the Employee Retirement Income Security Act of 1974. In our opinion, the supplemental information is fairly stated, in all material respects, in relation to the financial statements as a whole.


    /s/ Urish Popeck & Co., LLC

    We have served as the Plan’s auditor since 2024.

    Pittsburgh, Pennsylvania
    June 30, 2025


    4


    ENERGY SERVICES OF AMERICA STAFF 401K RETIREMENT SAVINGS PLAN
    STATEMENTS OF NET ASSETS AVAILABLE FOR BENEFITS
    DECEMBER 31, 2024 AND 2023
           
           
           
     
    2024
     
    2023
           
           
    Assets
         
    Investments, at fair value
     $           23,829,037
     
     $           15,881,441
    Contributions receivable:
         
    Employee contributions receivable
                                      —
     
                           11,151
    Employer contributions receivable
                                      —
     
                             7,517
    Other employer contributions
                                      —
     
                             1,152
    Notes receivable from participants
                         279,796
     
                         163,752
    Total assets
                   24,108,833
     
                   16,065,013
           
    Net assets available for benefits
     $           24,108,833
     
     $           16,065,013
           
    The Accompanying Notes Are An Integral Part of these Financial Statements.



    5

    ENERGY SERVICES OF AMERICA STAFF 401K RETIREMENT SAVINGS PLAN
    STATEMENT OF CHANGES IN NET ASSETS
    AVAILABLE FOR BENEFITS
    YEAR ENDED DECEMBER 31, 2024
       
     
    2024
       
    Additions:
     
    Investment income:
     
    Net appreciation in fair value of investments
     $              5,929,771
    Interest and dividends
                         447,937
    Net investment income
                     6,377,708
       
    Interest income on notes receivable from participants
                           14,432
       
    Contributions:
     
    Employee contributions, including rollovers
                     1,963,855
    Employer contributions
                         991,530
    Total contributions
                     2,955,385
       
    Total additions
                     9,347,525
       
    Deductions:
     
    Distributions to participants or beneficiaries
                     1,273,429
    Fees and expenses
                           30,276
    Total deductions
                     1,303,705
       
    Net increase in net assets available for benefits during the year
                     8,043,820
    Net assets available for benefits, beginning of year
                   16,065,013
       
    Net assets available for benefits, end of year
     $           24,108,833
       
    The Accompanying Notes Are An Integral Part of these Financial Statements.

    6

    ENERGY SERVICES OF AMERICA
    STAFF 401K RETIREMENT SAVINGS PLAN
    NOTES TO FINANCIAL STATEMENTS
    DECEMBER 31, 2024 AND 2023

    NOTE 1 - DESCRIPTION OF PLAN

    The following brief description of the Energy Services of America Staff 401k Retirement Savings Plan (the Plan) is provided for general information purposes only. Participants should refer to the Plan document for a more complete description of the Plan’s provisions.

    GENERAL - The Plan, formerly known as the C.J. Hughes Construction Company, Inc. Management 401k Retirement Plan, was established effective January 1, 1992. Effective November 2009, the Nitro Electric 401k Plan was merged into the Plan, and effective January 1, 2010, the Plan was renamed the Energy Services of America Staff 401k Retirement Savings Plan. The Plan is a defined contribution plan, subject to the provisions of the Employee Retirement Income Security Act of 1974 (ERISA), as amended. The Plan provides retirement benefits to all qualifying employees of Energy Services of America Corporation (Energy Services of America), C.J. Hughes Construction Company, Inc. (C.J. Hughes), Contractors Rental Corporation (Contractors Rental), Nitro Construction Services, Inc. (Nitro), SQP Construction Group, Inc. (SQP), West Virginia Pipeline Acquisition Co. (WV Pipeline), Tri-State Paving and Sealcoating Inc. (Tri-State Paving), and Ryan Construction Services Corporation (Ryan Construction), collectively referred to as the Employers. Qualifying employees, defined as all employees except those represented through a collective bargaining agreement, non-resident aliens, part-time/temporary/seasonal employees (employee whose regularly scheduled service is less than 1,000 hours), residents of Puerto Rico, and leased employees, become eligible to participate in the Plan after becoming at least 18 years of age with six months of service, as defined by the Plan. Entry dates are the first day of the plan year quarter coinciding with or next following date eligibility requirements are met. The Benefits Committee is responsible for oversight of the Plan, determines the appropriateness of the Plan’s investment offerings, and monitors investment performance. The Benefits Committee reports to the Energy Services of America Corporation Board of Directors.

    CONTRIBUTIONS - Participants may elect to contribute up to the maximum percentage of compensation, as defined by the Plan, subject to certain dollar limitations under the Internal Revenue Code (IRC). Participants who have attained age 50 before the end of the Plan year are eligible to make catch-up contributions. Participants also may contribute amounts representing distributions from other qualified defined benefit or defined contribution plans (rollover). Participants direct the investment of their contributions into various investment options offered by the Plan. The Plan currently offers mutual funds, collective investment trusts, and a unitized stock fund, the underlying assets of which consist primarily of Energy Services of America common stock. The Employers may make a discretionary matching contribution. Effective January 1, 2018, the Employers elected a discretionary match of 100% of the first 3% and 50% of the next 3% (up to 6%), not to exceed 4.5% of compensation as defined by the Plan. The Employers have elected to direct the investment of the discretionary matching contribution in a unitized stock fund consisting primarily of Energy Services of America common stock. The Employers may also make a discretionary profit-sharing contribution which would be allocated to qualifying participants using a pro-rata compensation based allocation formula. The Employers made no discretionary profit-sharing contributions during the year ended December 31, 2024.

    As of December 31, 2024 and 2023, there were no unallocated employee deferrals, employer match, and loan principal payments. However, there were $11,151, $7,517, and $804 of employee deferrals, employer match, and loan payments, respectively, in transit as of December 31, 2023.
    7

    ENERGY SERVICES OF AMERICA
    STAFF 401K RETIREMENT SAVINGS PLAN
    NOTES TO FINANCIAL STATEMENTS
    DECEMBER 31, 2024 AND 2023

    NOTE 1 - DESCRIPTION OF PLAN (Continued)

    PARTICIPANT ACCOUNTS - An individual account has been established for each participant into which employee contributions, employer matching and profit sharing contributions, and investment earnings are accumulated. Participant accounts are charged with an allocation of administrative expenses that are paid by the Plan based on participant earnings, account balances, or specific transactions, as defined. The benefit to which a participant is entitled is the benefit that can be provided from the participant’s vested account.

    VESTING - All participants are 100% vested in their individual account balances derived from elective deferrals and rollover contributions, as well as earnings thereon. Employer matching and discretionary profit-sharing contributions are vested as follows: less than one year of service - 0%; one year of service - 25%, two years of service - 50%, three years of service - 75%, four or more years of service - 100%.

    NOTES RECEIVABLE FROM PARTICIPANTS - Participants may borrow from their fund accounts a minimum of $1,000 up to a maximum equal to the lesser of $50,000 or 50% of their account balance. Participants may only have three outstanding loans at any time. The loans are secured by the balance in the participant’s account and bear interest at rates of Wall Street Prime plus 2%. Principal and interest is paid ratably at least bi-weekly through payroll deductions. Interest rates ranged from 4.25% to 10.50% at December 31, 2024 and December 31, 2023.

    PAYMENT OF BENEFITS - In accordance with the Plan document, distribution of benefits upon the retirement, death, disability or termination of a participant, when requested, shall be made in the form of a lump-sum cash payment equal to the value of the participant’s vested interest in his or her account, or partial payments. Balances of $5,000 or less have an automatic lump-sum cash payment. In addition, the Plan allows for hardship distributions if certain criteria are met.

    FORFEITED ACCOUNTS - At December 31, 2024 and 2023, forfeited non-vested accounts totaled $15,873 and $4,102, respectively. Forfeited accounts are used to reduce the Employers’ contributions or to pay administrative expenses of the Plan. During the year ended December 31, 2024, the Plan used $25,163 of forfeitures to pay administrative expenses and offset employer contributions.


    NOTE 2 - SIGNIFICANT ACCOUNTING POLICIES

    BASIS OF ACCOUNTING - The accompanying financial statements are prepared on the accrual basis of accounting in accordance with accounting principles generally accepted in the United States of America.

    USE OF ESTIMATES - The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and changes therein, and disclosure of contingent assets and liabilities. Actual results could differ from those estimates.
    8

    ENERGY SERVICES OF AMERICA
    STAFF 401K RETIREMENT SAVINGS PLAN
    NOTES TO FINANCIAL STATEMENTS
    DECEMBER 31, 2024 AND 2023

    NOTE 2 - SIGNIFICANT ACCOUNTING POLICIES (Continued)

    INVESTMENT VALUATION AND INCOME RECOGNITION - The Plan’s investments are reported at fair value. Fair value is the price that would be received to sell an asset or paid to transfer a liability in an orderly transaction between market participants at the measurement date. The Plan’s Benefits Committee determines the Plan’s valuation policies utilizing information provided by the investment advisors and the trustee. See Note 3 for discussion of fair value measurements.

    Purchases and sales of securities are recorded on a trade-date basis. Dividends are recorded on the ex-dividend date. Interest income is recorded on the accrual basis. Net appreciation in fair value of investments includes the Plan’s gains and losses on investments bought and sold as well as held during the year.

    NOTES RECEIVABLE FROM PARTICIPANTS - Notes receivable from participants are reported at their unpaid principal balance plus any accrued but unpaid interest. Related fees are recorded as administrative expenses and are expensed when they are incurred. Delinquent participant loans are recorded as distributions on the basis of the terms of the Plan.

    BENEFIT PAYMENTS - Benefit payments are recorded when paid.

    ADMINISTRATIVE EXPENSES - Certain expenses of maintaining the Plan are paid directly by the Employers and are excluded from these financial statements. Fees related to the administration of notes receivable from participants, distribution processing, and recordkeeping expenses for specific investments are charged directly to the participant’s account and are included in administrative expenses. All other investment related expenses are included in net appreciation in fair value of investments.


    NOTE 3 - FAIR VALUE MEASUREMENTS

    The framework for measuring fair value provides a fair value hierarchy that prioritizes the inputs to valuation techniques used to measure fair value. The hierarchy gives the highest priority to unadjusted quoted prices in active markets for identical assets or liabilities (Level 1) and the lowest priority to unobservable inputs (Level 3). The three levels of the fair value hierarchy under Financial Accounting Standards Board (FASB) Topic 820, Fair Value Measurement, are described as follows:

    Level 1
    Inputs to the valuation methodology are unadjusted quoted prices for identical assets or liabilities in active markets that the Plan has the ability to access.
    9

    ENERGY SERVICES OF AMERICA
    STAFF 401K RETIREMENT SAVINGS PLAN
    NOTES TO FINANCIAL STATEMENTS
    DECEMBER 31, 2024 AND 2023

    NOTE 3 - FAIR VALUE MEASUREMENTS (Continued)

    Level 2
    Inputs to the valuation methodology include: quoted prices for similar assets or liabilities in active markets; quoted prices for identical or similar assets or liabilities in inactive markets; inputs other than quoted prices that are observable for the asset or liability; inputs that are derived principally from or corroborated by observable market data by correlation or other means. If the asset or liability has a specified (contractual) term, the level 2 input must be observable for substantially the full term of the asset or liability.

    Level 3
    Inputs to the valuation methodology are unobservable and significant to the fair value measurement.

    The asset or liability’s fair value measurement level within the fair value hierarchy is based on the lowest level of any input that is significant to the fair value measurement. Valuation techniques maximize the use of relevant observable inputs and minimize the use of unobservable inputs.

    Following is a description of the valuation methodologies used for assets measured at fair value. There have been no changes in the methodologies used at December 31, 2024 or 2023.

    Mutual funds - Valued at the daily closing price as reported by the fund. Mutual funds held by the Plan are open-end mutual funds that are registered with the U.S. Securities and Exchange Commission (SEC). These funds are required to publish their daily net asset value (NAV) and to transact at that price. The mutual funds held by the Plan are deemed to be actively traded.

    Unitized Stock Fund - Consists of Energy Services of America common stock and cash held in money market funds. The underlying assets are valued using the closing price reported on the active market on which Energy Services of America common stock is traded, and the quoted redemption price and recent transaction prices, with no discounts for credit quality or liquidity restrictions, for money market funds.

    Collective investment trust - capital preservation fund: A capital preservation fund that is composed primarily of fully benefit-responsive investment contracts that are valued at the NAV of units of the bank collective trust. The NAV is used as a practical expedient to estimate fair value. This practical expedient would not be used if it is determined to be probable that the fund will sell the investment for an amount different from the reported NAV. Participant transactions (purchases and sales) may occur daily. If the Plan initiates a full redemption of the collective trust, the issuer reserves the right to require 12 months' notification in order to ensure that securities liquidations will be carried out in an orderly business manner.

    Collective investment trust - government obligation: Seeks current income consistent with stability of principal by investing in a portfolio of U.S. Treasury and government securities maturing in 397 days or less and repurchase agreements collateralized fully by U.S. Treasury and government securities. The NAV is used as a practical expedient to estimate fair value. This practical expedient would not be used if it is determined to be probable that the fund will sell the investment for an amount different from the reported NAV. Participant transactions (purchases and sales) may occur daily. If the Plan initiates a full redemption of the collective trust, the issuer reserves the right to require 12 months' notification in order to ensure that securities liquidations will be carried out in an orderly business manner.
    10

    ENERGY SERVICES OF AMERICA
    STAFF 401K RETIREMENT SAVINGS PLAN
    NOTES TO FINANCIAL STATEMENTS
    DECEMBER 31, 2024 AND 2023

    NOTE 3 - FAIR VALUE MEASUREMENTS (Continued)

    The preceding methods described may produce a fair value calculation that may not be indicative of net realizable value or reflective of future fair values. Furthermore, although the Plan believes its valuation methods are appropriate and consistent with other market participants, the use of different methodologies or assumptions to determine the fair value of certain financial instruments could result in a different fair value measurement at the reporting date.

    The following table sets forth by level, within the fair value hierarchy, the Plan's assets at fair value as of December 31, 2024 and 2023. Classification within the fair value hierarchy table is based on the lowest level of any input that is significant to the fair value measurement.

     
    Fair Value at December 31, 2024
     
    Level 1
     
    Level 2
     
    Level 3
     
    Total
    Investments in the fair value hierarchy
                 
    Mutual funds
    $   14,302,455
     
    $                    —
     
    $                    —
     
    $ 14,302,455
    Unitized stock fund
    8,334,536
     
    —
     
    —
     
    8,334,536
     
    22,636,991
     
    —
     
    —
     
    22,636,991
    Investments measured at NAV (a)
                 
    Collective investment trusts
    —
     
    —
     
    —
     
    1,192,046
                   
    Investments at fair value
    $   22,636,991
     
    $                    —
     
    $                    —
     
    $ 23,829,037

     
    Fair Value at December 31, 2023
     
    Level 1
     
    Level 2
     
    Level 3
     
    Total
    Investments in the fair value hierarchy
                 
    Mutual funds
    $   10,215,502
     
    $                    —
     
    $                    —
     
    $ 10,215,502
    Unitized stock fund
    4,553,615
     
    —
     
    —
     
    4,553,615
     
    14,769,117
     
    —
     
    —
     
    14,769,117
    Investments measured at NAV (a)
                 
    Collective investment trusts
    —
     
    —
     
    —
     
    1,112,324
                   
    Investments at fair value
    $   14,769,117
     
    $                    —
     
    $                    —
     
    $ 15,881,441

    (a)
    In accordance with FASB Topic 820, certain investments that were measured at NAV per share (or its equivalent) have not been classified in the fair value hierarchy. The fair value amounts presented in this table are intended to permit reconciliation of the fair value hierarchy to the line items presented in the statements of net assets available for benefits.


    11

    ENERGY SERVICES OF AMERICA
    STAFF 401K RETIREMENT SAVINGS PLAN
    NOTES TO FINANCIAL STATEMENTS
    DECEMBER 31, 2024 AND 2023

    NOTE 3 - FAIR VALUE MEASUREMENTS (Continued)

    INVESTMENTS MEASURED USING NAV PER SHARE AS PRACTICAL EXPEDIENT

    The following table summarizes investments for which fair value is measured using the NAV per share practical expedient as of December 31, 2024 and 2023. There are no participant redemption restrictions for these investments; the redemption notice period is applicable only to the Plan.

               
    Redemption
     
               
    Frequency
    Redemption
           
    Unfunded
     
    (If Currently
    Notice
     
    Fair Value
     
    Commitments
     
    Eligible)
    Period
     
    2024
    2023
         
    2024 and 2023
                   
    Collective investment trusts
    $ 1,192,046
    $ 1,112,324
     
    n/a
     
    Daily
    12 months


    NOTE 4 - TAX STATUS

    The Internal Revenue Service has determined by a letter dated November 30, 2020, that the volume submitter plan and related trust are designed in accordance with applicable sections of the IRC. Although the volume submitter plan has been amended and restated since receiving the determination letter, the Plan Administrator and the Plan's tax counsel believe that the Plan and related trust are designed and are currently being operated in compliance with the applicable requirements of the IRC and therefore, believe that the Plan is qualified, and the related trust is tax-exempt.

    Accounting principles generally accepted in the United States of America require plan management to evaluate tax positions taken by the Plan and recognize a tax liability if the Plan has taken an uncertain position that more likely than not would not be sustained upon examination by the IRS. The Plan Administrator has analyzed the tax positions taken by the Plan, and has concluded that as of December 31, 2024, there are no uncertain positions taken or expected to be taken that would require recognition of a liability or disclosure in the financial statements. The Plan is subject to routine audits by taxing jurisdictions; however, there are no audits for any tax periods in progress. The Plan Administrator believes the Plan is no longer subject to income tax examinations for years prior to 2021.

    12

    ENERGY SERVICES OF AMERICA
    STAFF 401K RETIREMENT SAVINGS PLAN
    NOTES TO FINANCIAL STATEMENTS
    DECEMBER 31, 2024 AND 2023

    NOTE 5 - RELATED-PARTY AND PARTY-IN-INTEREST TRANSACTIONS

    Effective January 1, 2015, the Employers have elected to invest their matching contributions in a unitized stock fund which holds primarily Energy Services of America common stock. The Plan held 148,803 and 170,162 shares of Energy Services Unitized Stock Fund, or $8,334,536 and $4,553,615 in Energy Services Unitized Stock Fund at December 31, 2024 and 2023, respectively. There were $357 of dividends received on the Energy Services Unitized Stock Fund during 2024. During 2024, the Plan purchased 28,457 shares of Energy Services Unitized Stock Fund for an aggregate cost of $1,117,743 and sold 46,932 shares of Energy Services Unitized Stock Fund for proceeds of $1,924,443. In addition, participants may elect to direct the investment of other contributions, including their deferrals, to be invested in the Energy Services Unitized Stock Fund. Accordingly, these are related-party transactions. Fees incurred by the Plan for the investment management services are included in net appreciation in fair value of investments, as they are paid through revenue sharing, rather than a direct payment. In addition, the Employers pay directly any other fees related to the Plan’s operation and perform various administrative functions at no cost to the Plan. Notes receivable from participants also qualify as exempt party-in-interest transactions.


    NOTE 6 - PLAN TERMINATION

    Although they have not expressed any intent to do so, the Employers have the right under the Plan to discontinue their contributions at any time and to terminate the Plan, subject to the provisions of ERISA. In the event of Plan termination, participants would become 100 percent vested in their employer contributions. There are currently no plans to terminate the Plan.


    NOTE 7 - RISKS AND UNCERTAINTIES

    The Plan invests in various investment securities. Investment securities are exposed to various risks such as interest rate, credit, and overall market volatility risks. Market risks include global events which could impact the value of investment securities, such as a pandemic or international conflict. Due to the level of risk associated with certain investment securities, it is at least reasonably possible that changes in the values of investment securities will occur in the near term and that such changes could materially affect participants’ account balances and the amounts reported in the statements of net assets available for benefits. As of December 31, 2024, the Plan had investments of approximately $8,334,536 million that were concentrated in one fund. As of December 31, 2023, the Plan had investments of approximately $4,553,615 million that were concentrated in one fund.


    13

    ENERGY SERVICES OF AMERICA
    STAFF 401K RETIREMENT SAVINGS PLAN
    NOTES TO FINANCIAL STATEMENTS
    DECEMBER 31, 2024 AND 2023

    NOTE 8 - DELINQUENT PARTICIPANT CONTRIBUTIONS

    For the years ended December 31, 2021, 2022 and 2023 the Employers did not remit certain participant contributions and loan repayments to the Plan on a timely basis as defined by the Department of Labor's Rules and Regulations for Reporting and Delinquent Participant Contributions Disclosure under ERISA. Untimely remittances identified on the Schedule of Delinquent Participant Contributions, which totaled $38,475, $126,840, and $180,321 for the years ended December 31, 2021, 2022 and 2023, respectively, were corrected outside of the Department of Labor Voluntary Fiduciary Correction Program in 2024. Additionally, the Employers compensated participants for lost earnings resulting from the delay in these participant contributions and loan repayments which occurred as part of the corrective action.

    For the year ended December 31, 2024, the Employers did not remit certain participant contributions and loan repayments to the Plan on a timely basis as defined by the Department of Labor's Rules and Regulations for Reporting and Delinquent Participant Contributions Disclosure under ERISA. Untimely remittances identified on the Schedule of Delinquent Participant Contributions totaled $242,618, of which $187,471 were corrected outside of the Department of Labor Voluntary Fiduciary Correction Program in 2025. Additionally, the Employers compensated participants for lost earnings resulting from the delay in these participant contributions and loan repayments which occurred as part of the corrective action.  Untimely contributions of $55,147 are expected to be corrected outside of the Department of Labor Voluntary Fiduciary Correction Program in 2025.  The Employers will compensate participants for lost earnings resulting from the delay in these participant contributions and loan repayments which will occur as part of the corrective action.


    NOTE 9 - SUBSEQUENT EVENT

    The Company has evaluated subsequent events since the financial statement date through June 30, 2025 the date the financial statements were issued and determined that there are no items to record or disclose.


    14










    SUPPLEMENTAL SCHEDULES
    15


    ENERGY SERVICES OF AMERICA STAFF 401K RETIREMENT SAVINGS PLAN
    EIN: 20-4606266, Plan Number 002
    Schedule H, Line 4a - Schedule of Delinquent Participant Contributions
    For the Year Ended December 31, 2024
               
               
     

    Participant Contributions Transferred Late to the Plan

    Total that Constitute Nonexempt Prohibited Transactions
    Total Fully Corrected Under VFCP and PTE 2002-51
     
    Check here if Late Participant Loan Repayments are included
    Contributions Not Fully Corrected
    Contributions Corrected Outside VFCP

    Contributions Pending Correction in VFCP
    Participant Contributions Transferred Late to the Plan for the Year Ended December 31, 2021
    x
     $                           —
     $              38,475
     $                           —
     $                          —
    Participant Contributions Transferred Late to the Plan for the Year Ended December 31, 2022
    x
     $                           —
     $            126,840
     $                           —
     $                          —
    Participant Contributions Transferred Late to the Plan for the Year Ended December 31, 2023
    x
     $                           —
     $            180,321
     $                           —
     $                          —
    Participant Contributions Transferred Late to the Plan for the Year ended December 31, 2024
    x
     $                    55,147
     $            187,471
     $                           —
     $                          —
               

    16


    ENERGY SERVICES OF AMERICA STAFF 401K RETIREMENT SAVINGS PLAN
    EIN: 20-4606266, Plan Number 002
    Schedule H, Line 4i - Schedule of Assets (Held at End of Year)
    December 31, 2024
             
             
    (a)
    (b) Identity of issue, borrower, lessor, or similar party
    (c) Description of investment including maturity date, rate of interest, collateral, par, or maturity value
    (d) Cost
    (e) Current Value
             
     
    Mutual Funds
         
     
     Vanguard
     Retirement Target 2040
     **
     $                 2,281,521
     
     Vanguard
     Growth Index Fund Admiral Shares
     **
                         1,934,951
     
     Vanguard
     500 Index Fund Admiral Class
     **
                         1,494,878
     
     Vanguard
     Retirement Target 2030
     **
                         1,400,842
     
     Vanguard
     High Dividend Yield Index Fund Admiral
     **
                            649,121
     
     Vanguard
     Retirement Target 2035
     **
                            630,017
     
     Vanguard
     Retirement Target 2045
     **
                            568,214
     
     Vanguard
     Retirement Target 2050
     **
                            556,186
     
     Vanguard
     Retirement Target 2020
     **
                            508,451
     
     Vanguard
     Retirement Target Income
     **
                            478,309
     
     Vanguard
     Small-Cap Index Fund Admiral Shares
     **
                            389,035
     
     Vanguard
     Mid-Cap Value Index Fund Admiral Shares
     **
                            381,622
     
     Vanguard
     Retirement Target 2025
     **
                            354,117
     
     Vanguard
     Mid-Cap Index Fund Admiral Shares
     **
                            352,552
     
     T. Rowe Price
     U.S. Small-Cap Growth Equity Fund
     **
                            331,331
     
     Vanguard
     High-Yield Corporate Fund Admiral Shares
     **
                            307,693
     
     JP Morgan
     Mid-Cap Growth Fund
     **
                            299,549
     
     Harbor
     International Fund Institutional Class
     **
                            273,507
     
     Vanguard
     Retirement Target 2060
     **
                            253,649
     
     DFA
     U.S. Targeted Value Portfolio Institutional Class
     **
                            206,560
     
     Vanguard
     Retirement Target 2055
     **
                            182,001
     
     Baird
     Aggregate Bond Fund Class Institutional
     **
                            158,884
     
     Fidelity
     Emerging Markets Index
     **
                            106,284
     
     Vanguard
     Retirement Target 2065
     **
                               64,579
     
     Vanguard
     Inflation-Protected Securities Fund
     **
                               54,588
     
     DFA
     Real Estate Securities Portfolio Institutional Class
     **
                               36,690
     
     DFA
     Intermediate Government Fixed Income Portfolio Institutional Class
     
     Vanguard
     Retirement Target 2070
     **
                               16,351
           
                      14,302,455
             
     
    Collective Investment Trusts
       
     
    Federated
    Capital Preservation Fund (R6)
    **
                         1,166,631
     
    Federated
    Government Obligation
    **
                               25,415
           
                         1,192,046
             
     
    Unitized Stock Fund
         
    *
    Energy Services of America
    Unitized Stock Fund
    **
                         8,334,536
             
     
    Notes receivable from participants
       
    *
    Participants Loans
    4.25-10.50%; maturing from 2025 to 2029
    N/A
                            279,796
             
           
     $               24,108,833
             
    *  Indicates a party-in-interest to the Plan.
       
    ** Cost information is not required for participant-directed investments.
       
    17



    SIGNATURES


    The Plan.  Pursuant to the requirements of the Securities Exchange Act of 1934, the trustees (or other persons who administer the employee benefit plan) have duly caused this annual report to be signed on its behalf by the undersigned hereunto duly authorized.


       
    ENERGY SERVICES OF AMERICA STAFF 401(K) RETIREMENT SAVINGS PLAN
         
         
         
         
    Date: June 30, 2025
    By:  
     /s/ Charles P. Crimmel
       
    Charles P. Crimmel
       
    Plan Administrator


    18

    EXHIBIT INDEX

    Exhibit Number
    Description
    23.1
    Consent of Urish Popeck & Co., LLC




    19
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