Author: agcnews

What are some of the big picture differences between ConsensusDocs 200 and the AIA A201 on key terms and conditions? Below is an at-a-glance comparison of the most used standard construction contract documents. AIA A201 vs. ConsensusDocs 200 General Terms and Conditions:Contract Documents at-a-Glance American Institute of Architects’s A201ConsensusDocs 200Drafted ByArchitects and staff to the AIA.Written and endorsed by 40+ leading industry associations. To further the architectural profession.To identify best practices to advance project results.Role of the OwnerPassive. Their primary role is to pay.Active to help ensure the owner’s goals are met. Over a hundred years of court decisions from parties fighting…

Election day is two weeks away! Are you wondering how results could impact you and the industry? On this episode, AGC Chief Executive Officer Steve Sandherr, Jimmy Christianson, Vice President of Government Relations, and David Ashinoff, Director of Political Affairs discuss all things midterm elections including what congress has accomplished in the current cycle, match-up analysis, and seat predictions. Visit constructionvotes.com to register to vote or confirm registration status, obtain early voting and absentee ballot information, confirm your polling place, download employer resources, and more. Members are also encouraged to visit advocacy.agc.org to learn more about AGC’s political action committee (AGC PAC) and the…

AGC will provide the agency comments by the November 4 deadline on the reporting and documentation requirements of the new labor requirements. On October 5th the U.S. Department of the Treasury announced they were seeking public comments on labor provisions tied to clean energy tax incentives in the so-called Inflation Reduction Act. The announcement marks the first step in outlining how contractors must comply with prevailing wage and registered apprenticeship requirements for projects to be eligible for the full value of the tax incentives. For the full credit, contractors will have to begin meeting the requirements 60 days after Treasury issues final guidance. It…

The National Labor Relations Board has yet again changed its position on the question of whether an employer may unilaterally cease union dues checkoff after collective bargaining agreement (“CBA”) expiration without first bargaining to impasse. In its latest decision in the Valley Hospital case, the Board answered the question with a resounding “no.” The decision reversed a 2019 decision in the same case by a Trump Board, which overturned a 2015 decision in the Lincoln Lutheran case by an Obama Board, which itself overturned precedent established in the 1962 Bethlehem Steel case. In Lincoln Lutheran, the Board held that dues checkoff is subject to the…

Thirty-two states added construction jobs between August and September and 47 states boosted construction employment 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 the job gains were welcome news but that significant labor shortages in the industry likely held back even larger employment gains. “While it is encouraging to see construction employment expanding in a majority of states, it is tempting to imagine how much higher those gains would have been if contractors could find enough workers to hire” said Stephen E. Sandherr, the…

On October 13, AGC formally weighed in against a Federal Highway Administration’s (FHWA) one-size-fits-all proposed rule that would have the effect of delaying or halting certain road and bridge projects – including the construction of new roads and highways – forcing them to instead focus on reducing greenhouse gas emissions. AGC previously reported that the agency’s proposed greenhouse gas performance measure would require states and metropolitan planning organizations to curb greenhouse gas (GHG) emissions. Such a requirement would likely restrict the ability of and flexibilities for states and localities to build new roads and highways their constituents want. AGC submitted comments to FHWA expressing…

On October 3, the U.S. Supreme Court granted a petition for review supported by AGC in Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local Union No. 174. Ready-mix concrete supplier Glacier Northwest had asked the Court to review a Washington Supreme Court decision holding that National Labor Relations Act preemption prevents the company from suing a union under state tort law for intentionally destroying company property in the course of a labor dispute. As previously reported, AGC and five other employer groups jointly submitted an amicus brief supporting the petition in June. Oral argument has not yet been scheduled.

In its latest Settlements Report, the AGC-supported Construction Labor Research Council (CLRC) advises that construction-industry collective bargaining agreements settled from January through September of 2022 provide an average increase in wages and benefits of 3.8 percent in the first contract year. First-year increases negotiated during the period grew by 1.0 percent since 2020, which CLRC notes is a steep rate of growth. The last time first-year increases grew by 1.0 percent, it took seven years – from 2012 to 2019 – CLRC reports. Measured by dollar amount rather than percentage, CLRC found that the average first-year increase negotiated year-to-date was…

The Pension Benefit Guaranty Corporation (PBGC) has proposed a regulation regarding interest rate assumptions in determining a withdrawing employer’s liability to a multiemployer plan, which could have significant implications for the unionized construction industry. On October 13, the Pension Benefit Guaranty Corporation (PBGC) proposed a regulation regarding interest rate assumptions in determining a withdrawing employer’s liability to a multiemployer plan. Multiemployer pension plans are common in the unionized construction industry and withdrawal liability is an employer’s share of the unfunded liabilities of a plan if an employer exits the plan. The liability can often serve as a deterrent to a contractor choosing…

The U.S. Department of Labor has put forth a new test for determining whether someone is an employee or independent contractor under the Fair Labor Standards Act that could tilt the balance in that determination towards employee status. On October 11, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) issued a proposed rule to establish a new test for determining who is an independent contractor versus an employee under the Federal Labor Standards Act (FLSA). If and when the proposal is finalized, it would rescind a Trump administration final rule clarifying the standard for employee versus independent contractor status under the…