Author: agcnews

Termination for cause on a construction project is the equivalent of “going nuclear.” Construction is riddled with claims and litigation, and termination for cause litigation may be the costliest.[i] Construction professionals need to be familiar with the termination clauses in their contracts. This article examines the importance of writing an effective termination for cause provision and how the American Institute of Architects (AIA) and ConsensusDocs standard construction contracts differ on this issue. The contractual requirements governing termination must be followed to terminate a party effectively. This includes giving notice pursuant to the timing and in a format specified in the contract.…

Meet Max! Max has been involved in the construction industry since as long as he can remember. Max recalls talking shop with his parents at the dinner table while growing up and in college serving as an officer for the Pittsburg State University AGC student chapter. After successful experiences with two other electrical contractors, Max moved to the family business and more recently bought in. Max has brought over 15 years of experience in business development, estimating, and project management. Max serves on his local NECA NJATC Apprentice Interview Committee, local CLC board, local Builders’ AGC board, national AGC specialty…

Construction employment increased in 45 states in June from a year earlier, while 33 states added construction jobs from May to June, according to a new analysis of federal employment data released by the Associated General Contractors of America today. Association officials said the job gains were welcome, but that widespread construction labor shortages mean many firms would likely have hired even more workers if they could find qualified candidates. “Unlike some other parts of the economy, construction is showing no letup in activity,” said Ken Simonson, the association’s chief economist. “But with an industry unemployment rate of only 3.6 percent, contractors in…

On July 19, the Occupational Safety and Health Administration (OSHA) issued a notice of proposed rulemaking to require employers to provide employees with proper-fitting PPE to protect them from occupational hazards. This move would align the construction, general industry, and maritime standards related to PPE and further emphasize the need for PPE that properly fits the variety of body types represented in construction while providing the intended protection. AGC of America believes that PPE must fit properly to provide adequate protection to employees and is in the process of working with its safety and health committee to submit comments in response to…

On July 13, the Mine Safety and Health Administration (MSHA) issued a proposal to update its existing standards to better protect miners against occupational exposure to respirable crystalline silica, and to improve respiratory protection for all airborne hazards. MSHA’s proposal would cut the current permissible exposure limit (PEL) of respirable crystalline silica by half to 50 micrograms per cubic meter (mg/m3). The proposal would also include other requirements, such as exposure sampling, corrective actions to be taken when miner exposure exceeds the permissible exposure limit, and medical surveillance. Additionally, the proposal would replace existing requirements for respiratory protection. The comment period is…

On July 17, the Occupational Safety and Health Administration (OSHA) announced a final rule that expands the current recordkeeping requirements, and goes into effect on January 1, 2024, to mandate the submission of Form 300-Log of Work-Related Injuries and Illnesses and Form 301-Injury and Illness Incident Report in addition to Form 300A-Summary of Work-Related Injuries and Illnesses data from construction establishments with 100 or more employees. Establishments with 20 to 99 employees continue to be required to submit only Form 300A-Summary of Work-Related Injuries and Illnesses data. Of concern to AGC is OSHA’s intent to make the data collected publicly available on its website, which…

Come Learn More at AGC’s Construction HR & Workforce Conference According to the latest Contractor Compensation Quarterly (CCQ) published by PAS, Inc., contractors are projecting 2023 construction staff wages to increase an average of 4.42%, as reported by over 360 companies in the 41st edition of the Construction / Construction Management Staff Salary Survey. 2023 staff pay predictions are increasing each month and will exceed 5% by fall. For pay increase comparison, according to the WorldatWork, across all industries exempt professionals saw 2022 actual increases of 4.2% and they are projecting 2023 increases of 4.2%. For construction WorldatWork reported a 4.1% increase in 2022…

AGC Offers July 27 Webinar to Help Contractors Prepare The Office of Federal Contract Compliance Programs (OFCCP) has published the latest Corporate Scheduling Announcement List (CSAL) for construction contractors, which is comprised of 250 federal contractors, federally assisted contractors and subcontractors. OFCCP also recently announced a renewed Mega Construction Project Initiative reaffirming contractors’ Equal Employment Opportunity and Affirmative Action requirements under covered federal contracts. Contractors working on identified specific Mega Projects will receive enhanced scrutiny and guaranteed audits. In response to these developments, AGC of America is offering a webinar on July 27, 2:00 – 3:00 p.m. EDT. Come hear from two leading employment law attorneys who have…

Read these FAQs for tips Employers have until August 30, 2023, to conduct in-person physical verification of identity and employment eligibility documentation for all employees who were onboarded using remote virtual verification between March 20, 2020 and July 31, 2023. Employers have been raising several questions about this process. The USCIS has provided answers to many of these questions. Below are some questions and answers with some guidance by the USCIS: Question: Who can be an authorized representative (also referred to as Designated Representative)? Answer: An authorized representative can be any person you designate to complete, update, or make corrections to Section…

In its latest Settlements Report, the AGC-supported Construction Labor Research Council (CLRC) advises that construction-industry collective bargaining agreements settled from January through June of 2023 provide an average increase in wages, fringe benefits and other employer payments for union craft workers in the construction industry had an average increase of 4.4 percent. CLRC cites the impact of high inflation impacting union craft pay rates more than two other recent factors—the craft labor shortage and COVID-19. The CLRC projects future new settlements to average approximately 4.7 percent by 2025. Measured by dollar amount first-year increases during the first half of 2023 was $2.80, a…