Author: agcnews

On March 3, 2022, President Joe Biden signed a law that limits the use of predispute arbitration agreements and class action waivers covering sexual assault and sexual harassment claims. As anticipated, President Biden has signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The Act amends the Federal Arbitration Act (FAA) to give employees who are parties to arbitration agreements with their employers the option of bringing claims of sexual assault or sexual harassment either in arbitration or in court. What the Law Says The Act amends the FAA to include a new…

According to the latest Contractor Compensation Quarterly (CCQ) published by PAS, Inc., construction executive staff wage increases came in at 4.3% for 2021 and are also projected to rise by an average 4.3% by 2022 year-end. Though the projected 2022 increase is 4.3%, it is pointed out that historically executive staff predictions are low, so year-end 2022 increases might come in even as high as 4.8%. PAS also just finished the 2022 Construction/Construction Management Staff Salary Survey which indicated a wide regional variation in the 2021 actual pay increase data ranging from 3.5% to 5.3%. The overall projected increases came in at…

First Update in 40 Years to DBRA Regulations On March 11, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) released a proposed rule to significantly revise the regulations implementing the Davis-Bacon Act and its prevailing wage. This 40-year awaited update reverts to the pre-1983 methodology for determining whether a wage rate is prevailing, also referred to as the “30 percent rule”. The rule also significantly revises its “site of work” provisions along with its survey data and wage determination collection and processes that would allow WHD to use a broader data set (geographically) than they currently utilize.…

Aligns with Executive Order Proposing Pay History Ban for Federal Contractors Marking Equal Pay Day, on March 15th the Office of Federal Contract Compliance Programs (OFCCP) issued a new directive to promote greater contractor attention concerning the proactive and effective use of pay equity audits to identify barriers to equal pay in their pay-setting and employment practices. The directive aligns with the Executive Order on Advancing Economy, Efficiency, and Effectiveness in Federal Contracting by Promoting Pay Equity and Transparency also signed on March 15th by President Biden. The Executive Order directs the Federal Acquisition Regulatory Council, in consultation with the Department of Labor, to consider proposing rules limiting or prohibiting federal contractors from…

The U.S. and U.K. reached a Section 232 trade agreement which will lower tariffs on steel and aluminum imports from the UK. The agreement is based on a tariff-rate quota where the rate for steel (25%) and aluminum (10%) will be lowered to 0% until a quota has been reached, at which point the previous rate will set back in. This agreement will be effective June 1st, 2022. The trade deal comes at a time when the world is experiencing unprecedented supply chain issues and material shortages and this agreement will add 250,000-500,000 metric tons of additional steel available yearly to the…

Business Development within the construction industry presents multiple challenges as competition levels rise, continued supply obstacles occur, and labor shortages pressure companies to do more with less. On this episode, members of AGC’s Business Development Forum – Chris Martin, President at Atlas Marketing and Tonya Byrd (Jackson), Business Development Manager at Gilbane Building Company – discuss these challenges and share best practices and methods to help your construction company grow. Get ready for some first-hand stories of techniques and proven approaches that you can apply to achieve revenue and profit growth in today’s market.

Business Development within the construction industry presents multiple challenges as competition levels rise, continued supply obstacles occur, and labor shortages pressure companies to do more with less. On this episode, members of AGC’s Business Development Forum – Chris Martin, President at Atlas Marketing and Tonya Byrd (Jackson), Business Development Manager at Gilbane Building Company – discuss these challenges and share best practices and methods to help your construction company grow. Get ready for some first-hand stories of techniques and proven approaches that you can apply to achieve revenue and profit growth in today’s market. Guests:Chris Martin, Founder and President at…

AGC of America is releasing a series of new coronavirus public service ads that feature Spanish-speaking construction workers urging their colleagues to get vaccinated for COVID. Each of the workers featured in the ads was unvaccinated and had a near-death experience with the coronavirus. They want their colleagues to avoid making the same mistake and in the videos urge other workers to get their shot. You can find the ads here and here. The ads all direct viewers to AGC of America’s Coronavirus Vaccine toolkit which now includes a feature to translate all the site’s content into Spanish.

In a favorable decision issued March 11, the TN Court of Appeals agreed with AGC of America and AGC of Tennessee that a subcontractor cannot sue a general contractor on one and the same set of facts for not only breach of contract (seeking to recover its purely economic losses) but also in tort for misrepresentation (seeking compensatory and punitive damages). The court of appeals ruled that the subcontractor’s ability to recover monetary damages was limited by its contract with the general contractor. As such, the court vacated the lower court’s award of punitive damages because they were not permitted…

Cheyenne, Wyo. and Houston-The Woodlands-Sugar Land, Texas Score the Largest 12-Month Increases; Sierra Vista-Douglas, Ariz. and New York City Experience the Worst Year-over-Year Declines Construction employment increased in nearly three out of four U.S. metro areas in January compared to a year ago, according to an analysis by the Associated General Contractors of America of new government employment data. Association officials welcomed the widespread job gains but cautioned that contractors in many areas are having trouble finding enough qualified workers to return to pre-pandemic levels amid tight labor market conditions. “Construction employment is now increasing in most areas after a rough first year of…