Author: Crystal Yates
Less than two weeks after issuing guidance saying that they would end the government PLA mandate for VA projects, the VA appears to have rescinded the guidance and restored a PLA requirement to a project on the West Coast that had previously removed the PLA requirement. This whiplash treatment of requiring, removing, and then restoring a PLA requirement causes mass confusion for general contractors interested in such work. Any General Contractors seeking to file a bid protest at the Court of Federal Claims should do so prior to the close of the bidding process; the solicitation closes on March 3. …
The Department of Veteran Affairs (VA) has issued a class deviation ending the government project labor agreement (PLA) mandate for future VA projects. Previously, the Biden Administration issued an executive order and then a Federal Acquisition Regulation (FAR) that required all large-scale government construction projects to include a PLA. AGC of America, with outside counsel, created a legal blueprint that led to a dozen projects protesting the mandate. On January 19th, the U.S. Court of Federal Claims decision held that the mandate was unlawfully implemented. Under the new directive, any VA solicitations prescribing a PLA pursuant to Federal Acquisition Regulation…
With the Trump administration’s recent flurry of executive orders related to immigration action items of interest to employers and their increased scrutiny over the status of foreign workers in the U.S., the best time to prepare and protect your business from liability is now. *Webinars to be hosted in Eastern Daylight Time (EDT) Thursday, March 20, 2025 | 2:00 pm – 3:00 pm (EDT)Thursday, March 27, 2025 | 2:00 pm – 3:00 pm (EDT) In this two-part webinar series, we are going to discuss the pressing topics of the day for contractors, including: Find more information and register HERE. For…
In light of the rapidly evolving landscape around U.S. immigration policy, AGC of America has released a new online resource center for contractors. Contractors can now explore essential resources and information on topics such as ICE site visits, I-9 & E-Verify processes, and more to safeguard their business and stay in compliance with rapidly changing guidelines. We will regularly update the site as developments occur. Stay tuned! For more information, contact Jim Young at jim.young@agc.org or Claiborne Guy at claiborne.guy@agc.org.
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.
On February 21, 2025, the U.S. District Court for the District of Maryland issued a nationwide preliminary injunction barring implementation of key provisions of two executive orders issued by Pres. Trump related to diversity, equity, and inclusion (DEI) programs. The case addresses challenges to Executive Order 14151, “Ending Radical and Wasteful Government DEI Programs and Preferencing,” and Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The injunction blocks the following provisions of those executive orders: The ruling does not affect other parts of the executive orders that were not challenged in the lawsuit. Consequently, some provisions remain in…
Tariffs are not the most beautiful word for the construction industry. Addressing tariffs in existing contracts are difficult in lump sum contracts that do not contain a price escalation clause. Tariffs unexpectedly increase the price of materials while fees and the contract price are fixed lump sum. Alternatively, cost-of-the-work agreements often include a guaranteed maximum price (GMP). Unanticipated material price increases due to tariffs can easily run project costs past a GMP. A profitable project can become a significant loss. Some remedies for tariff risk may apply to your existing contract – namely, a change in law and force majeure…
AGC has reported on the big court win and the next steps for federal contractors in the MVL USA, Inc. vs. United States ruling that the federal mandate to use PLAs on virtually all federal large-scale projects is unlawful. As a result, the Department of Defense (DOD) has issued a class deviation which waives PLA requirements on all solicitations. The General Services Administration (GSA) followed suit in a February 12th memo but did so as a class exception. GSA’s memo waives the requirement to use a PLA for land port of entry projects going forward. More information on GSA’s approach…
Cost-of-the-work agreements (aka “cost-plus” contracts) are commonly used in commercial construction contracting to establish the terms and conditions for a project based on the cost of the work performed.[i] The major families of standard construction contracts include a cost-of-the-work plus overhead and profit in their product offerings. Material supplies from China are already facing new increased tariffs and tariffs on products from Mexico and Canada which were announced are currently on pause (not withdrawn). In light of the disruptive nature and uncertainty tariffs cause, cost-of-work agreements are a great solution to combat this uncertainty. Cost-plus contracts help address price uncertainty.…
On January 29, Lee Zeldin’s nomination process concluded with a 56-42 vote confirming his appointment as the 17th administrator of the U.S. Environmental Protection Agency (EPA). He was sworn in that day. AGC of America submitted to the record a letter of support for Mr. Zeldin’s nomination ahead of his confirmation hearing in the U.S. Senate Committee on Environment and Public Works. At his January 16th confirmation hearing, Zeldin expressed a willingness to reach across party lines to build private sector collaboration, promote common-sense regulations, and hold the agency accountable. Shortly after taking the lead at EPA, on February 4, Zeldin announced…