Author: Crystal Yates

The U.S. Fish and Wildlife Service (FWS) has proposed to expand a refuge in Georgia, jeopardizing a nearby mining project that is moving through the state permitting process. The project already has faced significant regulatory uncertainty from federal agencies, and the proposed refuge expansion appears to be another effort to stop the project. With national refuges in all 50 states, projects nationwide could face similar challenges in the future. AGC joined in with other industry groups to decry this precedent.   In October, the FWS proposed to expand the boundary of the Okefenokee National Wildlife Refuge to encompass the nearby mining…

Over the last year, the White House Office of Management and Budget has been reevaluating public engagement in the rulemaking process. In February and again this November, AGC urged the administration to strengthen, not limit, public engagement and provide adequate time for feedback—making the case for the valuable knowledge and expertise that trade associations and their members bring to the table. The regulated community is a key stakeholder to the rulemaking process. However, the White House has sought to limit how often requesters can meet with regulators. The comments recommend that government policymakers recognize industry trade associations as members of…

The AGC Contract Documents Forum and the AGC Construction Law and Operations Committee will hold a virtual Town Hall meeting. We will have an open discussion about mixing and matching different standard contract documents (and bespoke contracts) at the prime and subcontract levels. There will be a micro presentation on tariffs and how they might impact private and public contracts, followed by a discussion on how you might address this issue contractually. The AGC Construction Law Committee will share subcommittee activities and announce volunteer opportunities, including one for progressive design-build.  Register here.

If you missed AGC’s Environmental Forum Town Hall, the recording is available for AGC members and chapter staff. The November 20th town hall provided a timely update on federal environmental regulatory initiatives and look ahead for 2025—covering the wide range of topics that AGC engages on at the federal level. Please click here for a recording of the event and here for the slides. Below is an outline of the topics covered during the town hall to help you navigate the information.  For more information or questions on any of these topics, please reach out to Melinda Tomaino at melinda.tomaino@agc.org.

Highlights The U.S. Court of Appeals for the Ninth Circuit held (AK, AZ, CA, HI, ID, MT, NV, OR, WA, Guam) on Nov. 5, 2024, ruled that the president lacks authority to require federal contractors to pay a minimum wage. The 2-1 decision in Nebraska v. Su follows a string of federal court opinions in 2022 enjoining the government contractor vaccine mandate, and sets up a circuit split on the president’s authority to issue a contractor minimum wage under the Federal Property and Administrative Services Act of 1949 (the Procurement Act).1 History of the Federal Contractor Minimum Wage On Feb. 12,…

The National Labor Relations Board (NLRB), in its Nov. 13 decision in the Amazon.com Services case, has banned mandatory employee meetings for purposes of discussing the subject of union representation – so-called “captive audience” meetings – and placed new restrictions on an employer’s ability to require attendance at such meetings. By abandoning more than 75 years of precedent, the Board significantly reshaped the legal landscape with yet another gift to unions in the waning days of the Biden administration. Fortunately for employers, this decision will only apply on a go-forward basis. Here’s a breakdown of the ruling and what it…

As the political landscape shifts following the recent election, construction professionals in the industry face new challenges and compliance requirements. Join AGC of America on Dec. 17, 2024, from 2:00-3:00 p.m. EST for a timely and informative webinar that will explore the potential impact of post-election policies on immigration regulations, workforce management, and compliance within the construction sector. Key topics include: This webinar is designed specifically for construction professionals who are responsible for compliance, hiring, managing, and retaining workers in a highly regulated environment. Register here. Registration is free for AGC members and $99 for nonmembers. For more information, contact…

The Office of Federal Contract Compliance Programs has released a new guide for employers and workers related to one of the most common issues in the construction industry: harassment. In keeping with its commitment to fighting discrimination and harassment in construction, OFCCP developed this guide as part of the National Strategy on Gender Equity and Equality and the National Plan to End Gender-Based Violence. OFCCP’s new guide is intended to help the public understand the agency’s jurisdiction in the construction industry, clarify what harassment is, includes helpful information for workers, and offers information and guidelines for federal construction contractors and subcontractors, as well as federally…

With over $300 billion dollars in annual revenue tied to alternative project delivery, staying ahead of contracting best practices is crucial for the construction industry. Revenue from the top 100 design-build firms increased more than 26 percent from 2023, according to Engineering News Record’s (ENR’s) 2024 report on top design builder firms (see additional resources below). ENR reports even more overall revenue generated from construction management at-risk firms than design-build firms. To reflect industry advancements and maintain its position as a leader in fair and collaborative contracts, ConsensusDocs is preparing to publish comprehensive edits to its 400-series family of design-build…

As previously reported, AGC has filed a lawsuit challenging the U.S. Environmental Protection Agency’s (EPA) recent rule “Designation of Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as CERCLA Hazardous Substances” (89 Fed. Reg. 39124, May 8, 2024; effective July 8, 2024). AGC appreciates the many members who shared examples of how the rule impacts their businesses, ensuring that the legal challenge is rooted in real-world concerns with the rule. The opening brief for the petitioners (AGC and others*) was filed on Nov. 4th with the U.S. Court of Appeals for the District of Columbia. The brief focuses on these primary…