Author: Crystal Yates
When complex construction disputes arise, securing financial recovery is just as critical as proving the other party’s liability. Read the latest posting on AGC’s Reports & Hot Topic Papers page, A Deep Dive into Damages: Show Me the Money!, written by attorney Gregory Chertoff at Peckar & Abramson, that explores the essential principles contractors and construction managers must understand to document and prove entitlement to and quantum of damages effectively. The paper emphasizes the importance of real-time recordkeeping, strategic contract negotiations, and understanding legal burdens of proof. It also highlights key damage categories and examines how courts distinguish between direct and…
On March 14, Pres. Trump revoked Executive Order 14026, Increasing the Minimum Wage for Federal Contractors (EO). Government contractors in the service and construction sectors should evaluate how Pres. Trump’s decision to cancel the EO will impact their pricing strategies and outstanding price adjustment requests. Effective immediately, contractors are no longer bound by EO 14026’s minimum wage requirements. This means that most service and construction contractors may revert employee pay to the applicable wage determination rates under their contracts. EO 14026, which until March 14 applied to contracts covered by the Service Contract Act and the Davis-Bacon Act, raised minimum wages…
On March 14, 2025, Pres. Trump signed Executive Order (EO) 14236 titled “Additional Rescissions of Harmful Executive Orders and Actions” that rescinds 18 Biden executive actions—including the following labor-related actions: For more information, contact Jim Young at youngj@agc.org or 202-547-0133 or Claiborne Guy at claiborne.guy@agc.org or 703-837-5382.
Employers just received some clarity on what type of workplace DEI programs may be risky under Pres. Trump’s recent executive orders relating to illegal diversity, equity, and inclusion practices. The Equal Employment Opportunity Commission (EEOC) on March 19 issued guidance specifically on what constitutes “unlawful discrimination” related to DEI in the workplace. While the guidance notes the type of conduct that has long been prohibited by existing federal law, it also provides a roadmap for employers to ensure their programs don’t run afoul of new directives. Here’s what you need to know about the EEOC’s guidance and how it may…
AGC’s HR Masterclass, Powered by Segal Consulting—a six-part training series—equips HR professionals in construction with the knowledge and tools needed to navigate workforce challenges, implement best practices, and drive long-term success. This comprehensive series will run from April through September, offering monthly webinars that cover current and emerging trends, best practices, case studies and a forum for questions and peer interaction. Key Takeaways: Secure your spot today! More information can be found HERE. For more information, contact Claiborne Guy at claiborne.guy@agc.org or 703-837-5382.
As construction defect and property damage disputes continue to grow in complexity, contractors face increasing challenges in securing coverage under Commercial General Liability (CGL) and Builders Risk (BR) policies. Read the latest posting on AGC’s Reports & Hot Topic Papers page, Times Are Tough Now, Just Getting Tougher: Will CGL and Builders Risk Cover Me?, produced by attorney Pat Wielinski at Cokinos Young, and presented by his partners Travis Brown and Robbie MacPherson, as well as Steven A. Coombs, CPCU, ARM, AIC, that explores key legal and market shifts affecting insurance claims related to property damage, construction defects, and risk…
AGC today released another resource for construction professionals seeking to safeguard their projects and ensure successful outcomes: “Owner-Placed Builder’s Risk Insurance: What Construction Contractors Need to Know.” Second in a series of two comprehensive checklists designed to enhance your risk management strategy, this new checklist can help in the development of a risk management approach to determine if an owner’s policy adequately supports the risk the contractor may contractually accept. There are three main areas of focus: policy review, contractual requirements, and loss provisions. It offers practical tips and actionable insights and was written by AGC’s Risk Management Committee. …
On March 10, AGC submitted a letter to the record for a recent hearing of the U.S. Senate Environment and Public Works Committee on environmental permitting. AGC’s testimony at the hearing, held February 19, 2025, focused primarily on permitting reform. AGC’s letter raises another top issue impacting construction and infrastructure projects: the U.S. Environmental Protection Agency’s (EPA) rulemaking designating two forever chemicals (per- and polyfluoroalkyl substances or PFAS) as hazardous substances under Superfund law. EPA’s 2024 rule initiated significant liability for contractors who will (or may have) encounter these chemicals on public and private infrastructure projects. In its letter, AGC…
At the invitation of the U.S. Environmental Protection (EPA), AGC attended a March 12th briefing to hear EPA Administrator Lee Zeldin announce the administration’s plans to further clarify the scope of Clean Water Act (CWA) jurisdiction over federal waters, including new guidance and opportunity for public feedback. The definition of WOTUS is central for determining when expensive and time-consuming federal permits are needed for work in or around those waters and wetlands. Furthermore, CWA violations can include steep fines and criminal penalties, which makes AGC’s advocacy for regulatory clarity so important. EPA’s press release states that “it is time for…
On March 4th, the Supreme Court voted 5-4 in favor of AGC of America and industry partners in the City and County of San Francisco v. EPA case. The decision helps ensure that permit holders can be certain that following their permit will protect them from enforcement actions. The case was about so-called “backstop” provisions; generic language that requires the permittee to “not cause or contribute to a violation of any applicable water quality standard.” Instead of spelling out exactly what a permittee must do or not do, these backstop provisions make permit holders responsible for the quality of the…