Author: agcnews

The most used ConsensusDocs standard contract document is the ConsensusDocs 751 Standard Short Form Subcontract. The Associated General Contractors of America (AGC), through its Contract Documents Forum, has just released comments to this popularly used standard subcontract document. These comments can be found at www.agc.org/contract as a member-only download on the bottom-right side of the webpage. General contractors will want to consider these comments in tailoring subcontract language for their own project-specific purposes – regardless of whether they are using a standard form or bespoke contract. The AGC comments address critical risk allocation issues that are widely applicable to all construction subcontract provisions…

Construction employment climbed in 30 states and the District of Columbia from November to December and 42 states added construction jobs during the past 12 months, according to a new analysis of federal employment data released by the Associated General Contractors of America today. Association officials said demand for many types of commercial construction projects remain strong and that firms would likely have added more people if they could find workers. “Construction employment growth was less widespread in December than in some recent months as homebuilding slowed,” said Ken Simonson, the association’s chief economist. “But most nonresidential contractors continue to report strong…

Union membership in the U.S. construction industry across all occupations declined slightly in 2022, from 12.6 percent to 11.7 percent, according to an annual report recently issued by the Bureau of Labor Statistics (“BLS”). Union representation in the industry also declined, from 13.6 percent to 12.4 percent. Still, union membership in construction remains considerably higher than the 6.0 percent rate across industries in the private sector. Union membership in general in the U.S. fell to its lowest rate on record at 10.1 percent, reports BLS. Among workers in construction and extraction occupations, whether employed in the construction industry or another industry,…

President Biden ended 2022 with a bang by signing two new pieces of legislation into law that will impact many employers and their pregnant and breastfeeding workers: (1) the Pregnant Workers Fairness Act (PWFA) and (2) the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). These changes were part of the Omnibus Spending Bill signed into law on December 29, 2022. Employers should become familiar with the changes and review their policies and practices to adjust for the new laws.The Pregnant Workers Fairness Act The first change, made by the PWFA, provides additional protections to pregnant workers. The…

According to the latest Contractor Compensation Quarterly (CCQ) published by PAS, Inc., construction support staff wages are to rise by an average 4.5%. The prediction is based on data gathered from over 209 companies in the 19th edition of PAS’s Construction Support Staff Salary Survey. This is up from the actual increase of 4.4% for 2021. Looking forward, PAS thinks 2023 support staff increases will likely mimic 2022 activity, unless construction conditions change. Additionally, according to PAS’s 2022 Benefit Survey, more firms have improved their benefit programs than have reduced them. In 2022, the percentage of firms improving their benefit programs was…

On Jan. 18, the Associated General Contractors of America joined a coalition representing a broad cross-section of the economy in filing a lawsuit to block the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers’ new Waters of the U.S. (WOTUS) rule. The legal action seeks to have the new rule put on hold and ultimately reversed. The construction industry invests a significant amount of time and cost in compliance with the Clean Water Act and to avoid or reduce potential impacts on the environment. The new rule is the sixth time the requirements have changed in seven…

The Associated General Contractors of America joined with a range of employer groups representing a broad cross-section of the economy in filing a lawsuit yesterday to block the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers’ Waters of the U.S. rule. The organizations noted that the new measure violates the Clean Water Act, the Administrative Procedures Act and the U.S. Constitution’s Due Process and Commerce Clauses. “Just because a piece of land occasionally gets wet doesn’t make it a navigable waterway,” said Stephen E. Sandherr, the association’s chief executive officer. “Try as it might, the administration cannot redefine…

In a decision issued on Dec. 16, 2022, the National Labor Relations Board reinstated its prior standard providing off-duty workers employed by contractors more expansive rights to access publicly accessible areas of the workplace for the purpose of engaging in union organizing activity. Part of a wave of decisions overturning Trump-era precedent, the Board’s ruling in Bexar County Performing Arts Center Foundation d/b/a Tobin Center (“Bexar II”) prohibits property owners from excluding contractors’ employees who wish to engage in organizing activity on the worksite unless the activity “significantly interferes with the use of the property or where exclusion is justified by another…

Plunging prices for diesel fuel, lumber, and steel cooled inflation for materials and services used in construction in December, but relief may be short-lived, according to an analysis by the Associated General Contractors of America of government data released today. Association officials noted that contractors listed material costs as one of their top concerns in a survey the association released this month. “While producer price indexes for construction inputs fell in December, they still outpaced other inflation measures for the year,” said Ken Simonson, the association’s chief economist. “In addition, some prices have already turned higher in January. Contractors are right to rank materials…

New guidance instructs federal agencies to develop implementation rules that would quantify greenhouse gas emissions (GHG) and incorporate the social cost of carbon in cost/benefit analysis that could impact permits for construction projects. On January 6, the White House Council on Environmental Quality issued new interim guidance to instruct federal agencies on how to factor greenhouse gas emissions and climate change into National Environmental Policy Act (NEPA) reviews that come into play on many infrastructure projects where there is a federal nexus (e.g., federal action, funding, or permit). The guidance directs agencies to assess and mitigate climate change impacts across the lifetime…