Author: agcnews

AGC has the latest on Senator Joe Manchin’s (D-W.Va.) legislation for his long-awaited permitting reform for energy infrastructure, as the clock ticks towards another government shutdown. AGC previously reported that Senator Shelley Moore Capito (R-W.Va.) introduced the Simplify Timelines and Assure Regulatory Transparency (START) Act, which is supported by most Republican Senators but does not appear to have a path to passage. On September 21, Senator Joe Manchin (D-W.Va.) introduced legislation (summary) his long-awaited permitting reform for energy infrastructure. Some highlights of the legislation include: The legislation will be attached to a continuing resolution that must be passed before the end of the month to…

Objections Deadline Now October 19, 2022 The Office of Federal Contract Compliance Programs (OFCCP) has granted an extension for federal contractors to object to the release of their EEO-1 data. The new deadline is October 19, 2022. With the deadline still looming, Alissa Horvitz of the law firm Roffman Horvitz provided AGC of America a guide for contractors covered by this FOIA request to follow as they consider their options and potentially object to their particular company’s EEO-1 release. Objection guide can be found here. In case you missed it, the Office of Federal Contract Compliance Programs (OFCCP) is offering all federal government contractor organizations…

Do the risks outweigh the benefits of using prefabricated construction on your next project? ConsensusDocs recently held a webinar and emphatically concluded that, yes, the benefits far outweigh the risk so long as you have the right contractual tools to address the many small and large issues that arise when using prefabrication. In addition, new proposed federal rules may change how off-site work is treated under Davis-Bacon and the application of prevailing wages. However, the trend toward prefabrication, especially in a post-Covid-19 outbreak construction world, will undoubtedly continue. It was also announced that ConsensusDocs is preparing for publication a prime-level…

Construction employment climbed in 31 states from July to August, according to a new analysis of federal employment data released by the Associated General Contractors of America today. The gains come even as the vast majority of contractors report they would have added more workers if they could find them, according to a survey the association released at the end of August. Association officials urged government officials to invest in new construction focused education and training programs to get more people into the industry. “Despite an overall rise in construction employment, too many openings remained unfilled due to a lack of qualified…

Associated General Contractors of America to Release Series of Mental Health PSAs, Host Quarterly Mental Health Forums and Assemble Resources for Firms to Use with their Workers The Associated General Contractors of America is launching a new effort to combat high suicide rates and improve mental health among the industry’s workers, the trade group announced today. The new effort, which the association is launching as part of its support for suicide prevention month, is designed to address the high rate of suicide among construction workers. “We cannot stand by while a silent epidemic of suicide takes place within our industry,”…

On September 6, 2022, AGC submitted a letter raising concern about the U.S. Environmental Protection Agency’s (EPA) intent to prohibit and restrict certain areas from disposal sites for the Pebble Mine under the Clean Water Act (CWA) section 404(c)—commonly referred to as EPA’s veto authority. The permit in question is currently undergoing an administrative appeal following the U.S. Army Corps of Engineers’ denial. EPA’s preemptive veto of the permit would set a harmful precedent for future projects working through the permitting and/or appeals process and have a chilling effect on infrastructure development. EPA recently announced that it would continue to evaluate responses to the Pebble…

On September 6, 2022, the U.S. Environmental Protection Agency (EPA) proposed the designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund as it is more commonly known). This action, if finalized as proposed, would trigger reporting requirements and ultimately the cleanup of contaminated sites. AGC is concerned about the designation as a contractor may have unknowingly interacted with the chemicals on jobsites that had not previously been considered contaminated—and CERCLA does not include an “innocent contractor” provision. AGC requested a 60-day extension on the comment period, which currently will…

The price of materials and services used in nonresidential construction declined by 1.1 percent from July to August as a steep drop in fuel prices masked increases in the cost of other construction inputs, according to an analysis by the Associated General Contractors of America of government data released today. Association officials cautioned that limited price declines cannot undo the harm of clogged supply lines and labor shortages. “Today’s price report highlights the mixed conditions contractors are experiencing, with many costs still rising sharply while others take a breather,” said Ken Simonson, the association’s chief economist. “Meanwhile, an industry survey we recently released found…

On Aug. 29, 2022, the National Labor Relations Board (the “Board” or “NLRB”) issued its decision in Tesla, Inc., overruling precedent that allowed employers to enforce facially-neutral dress codes to prohibit wearing non-conforming attire, including union insignia and union logos. Now, employers must allow employees to wear union attire absent a showing of “special circumstances.” In Tesla, the electric car manufacturer had a mandatory dress code requiring its production associates to wear “assigned team wear,” consisting of a company-provided plain black cotton shirt or a plain black cotton shirt containing Tesla’s logo and black cotton pants with no buttons, rivets, or exposed zippers. Despite the…

Construction Association Survey Finds Labor Shortages and Supply Chain Problems are Constraining Further Nonresidential Growth; Officials Urge Public Leaders to Reform Training and Immigration Policies Total construction spending decreased by 0.4 percent in July as spending on new houses and apartments tumbled, overshadowing a pickup in private nonresidential and public construction, according to an analysis the Associated General Contractors of America released today of federal spending data. Association officials said their newly released survey, conducted with Autodesk, showed labor shortages and supply chain problems are limiting their ability to complete projects, likely undermining total construction spending levels. “There were gains…