Author: agcnews

Reaching an agreement on a construction contract that leads to a positive outcome for all parties involved – owner, builder, designer – should be the goal of your contract negotiations. What contract you start with as your foundation and which provisions you prioritize in your negotiations matter. On a webinar hosted by the Association of Corporate Counsel (ACC) entitled The Construction Tool-Kit for the In-House Counsel When Faced with a Construction Contract, Celestina Jimenez, Vice President & General Counsel at RK Industries, gave a brief overview of the three leading publishers of standard documents for construction, identified as the American Institute of Architects…

he Associated General Contractors of America’s chief executive officer, Stephen E. Sandherr, issued the following statement in reaction to the emerging details of the proposed agreement to lift the nation’s debt ceiling limit: “The debt limit deal announced over the weekend includes significant reforms to a federal permitting process that has, until now, been one of the main impediments to progress on many vital infrastructure projects. These reforms will reduce the time it takes to complete environmental reviews without weakening any of the strong protections built into the process. Read more

On March 22, 2023, a horrific accident took place in a construction work zone in Baltimore. This crash claimed the lives of 6 people. AGC took to the state of Maryland to talk to some other members about work zone incidents they’ve experienced, and to hear their pleas to motorists about why it is so important to drive safely through these zones.

In a long-awaited decision on May 25, the U.S. Supreme Court unanimously decided in favor of landowners on a case (Sackett v. U.S. Environmental Protection Agency) that hinges on federal limits over waters and wet areas. AGC submitted a friend of the court brief in support of the Sacketts. The decision aligns with AGC’s brief, and the Justices acknowledge the need for clarity due to the severity of criminal sanctions under the Clean Water Act, a key issue that AGC raised. The Court roundly rejects the use of the flawed “significant nexus” test for determining when projects require a federal permit and…

The Associated General Contractors of America’s chief executive officer, Stephen E. Sandherr, issued the following statement in reaction to today’s decision by the U.S. Supreme Court regarding the Waters of the U.S.: “The Supreme Court has provided much-needed clarity on what is, and is not, a Water of the U.S. This decision will return consistency and sanity to the permitting process. The decision will allow vital infrastructure and development projects to proceed in a timely manner while still providing strong protections for the actual waters of the U.S. The decision also validates the friend of the court brief we filed…

Fifty-five percent of highway contractors report that motor vehicles had crashed into their construction work zones during the past year, putting motorists and workers at risk, according to the results of a new highway work zone study conducted by the Associated General Contractors of America and HCSS. Association officials called on state and local leaders to enact new enforcement and education measures to improve work zone safety. Read full release here. View all survey results.

The Equal Employment Opportunity Commission (EEOC) has updated its COVID-19 technical assistance, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws, in response to the end of the COVID-19 Public Health Emergency Declaration, appearing to give employers permission to continue many of their COVID-19 practices and protocols. The “ADA” is the Americans with Disabilities Act. While the agency reminds employers that medical exams and inquiries must be job-related and consistent with business necessity, according to the EEOC, “the ‘business necessity’ standard allows for consideration of whether a person may have COVID-19, and thus might pose a…

Construction employment increased in 42 states in April from a year earlier, while only 24 states added construction jobs from March to April, according to a new analysis of federal employment data released by the Associated General Contractors of America today. Association officials said the monthly figures likely reflect the impact of low unemployment rates and workforce shortages as opposed to a dropoff in recent amounts of construction activity. “Contractors continue to report strong demand for projects and have added employees in all but a handful of states over the past year,” said Ken Simonson, the association’s chief economist. “The fact that employment…

On May 1, 2023, the National Labor Relations Board (“NLRB”) issued its decision in Lion Elastomers and United Steelworkers, making it more difficult for employers to discipline employees for outbursts and similar misconduct while employees are engaged in protected concerted activity under Section 7 of the National Labor Relations Act (the “Act”). The NLRB in Lion Elastomers overruled the Trump-era General Motors decision, which had overruled Atlantic Steel, 245 NLRB 814 (1979), Clear Pine Mouldings, 268 NLRB 1044 (1984), and Pier Sixty, 362 NLRB 505 (2015). In those three cases, the NLRB found certain forms of otherwise-inappropriate conduct, such as outbursts towards management (Atlantic Steel), inappropriate statements made on the…

Here’s Leah Pilconis with an update on Associated General Contractors of America-backed suits involving the Biden Administration’s 2023 “Waters of the United States” (WOTUS) rule. In the video, Leah explains that the term WOTUS, defined by the U.S. Environmental Protection Agency and the Army Corps of Engineers, was broadened by a new rule implemented in March 2023. This expansive definition has created significant confusion and potential legal risks for contractors, who need clear guidelines to comply with the Clean Water Act. The AGC is challenging the rule’s legality through two lawsuits, both of which have resulted in temporary injunctions against…