Author: agcnews

On September 6, 2022, the U.S. Environmental Protection Agency (EPA) proposed the designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund as it is more commonly known). This action, if finalized as proposed, would trigger reporting requirements and ultimately the cleanup of contaminated sites. AGC is concerned about the designation as a contractor may have unknowingly interacted with the chemicals on jobsites that had not previously been considered contaminated—and CERCLA does not include an “innocent contractor” provision. AGC requested a 60-day extension on the comment period, which currently will…

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The price of materials and services used in nonresidential construction declined by 1.1 percent from July to August as a steep drop in fuel prices masked increases in the cost of other construction inputs, according to an analysis by the Associated General Contractors of America of government data released today. Association officials cautioned that limited price declines cannot undo the harm of clogged supply lines and labor shortages. “Today’s price report highlights the mixed conditions contractors are experiencing, with many costs still rising sharply while others take a breather,” said Ken Simonson, the association’s chief economist. “Meanwhile, an industry survey we recently released found…

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On Aug. 29, 2022, the National Labor Relations Board (the “Board” or “NLRB”) issued its decision in Tesla, Inc., overruling precedent that allowed employers to enforce facially-neutral dress codes to prohibit wearing non-conforming attire, including union insignia and union logos. Now, employers must allow employees to wear union attire absent a showing of “special circumstances.” In Tesla, the electric car manufacturer had a mandatory dress code requiring its production associates to wear “assigned team wear,” consisting of a company-provided plain black cotton shirt or a plain black cotton shirt containing Tesla’s logo and black cotton pants with no buttons, rivets, or exposed zippers. Despite the…

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Construction Association Survey Finds Labor Shortages and Supply Chain Problems are Constraining Further Nonresidential Growth; Officials Urge Public Leaders to Reform Training and Immigration Policies Total construction spending decreased by 0.4 percent in July as spending on new houses and apartments tumbled, overshadowing a pickup in private nonresidential and public construction, according to an analysis the Associated General Contractors of America released today of federal spending data. Association officials said their newly released survey, conducted with Autodesk, showed labor shortages and supply chain problems are limiting their ability to complete projects, likely undermining total construction spending levels. “There were gains…

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Eleven families who lost their homes during last year’s tornadoes in western Kentucky were presented new transitional housing today thanks to the efforts of the local construction industry and other community groups. Construction firms belonging to the Associated General Contractors of Western Kentucky as well as the Bread of Life Humanitarian Effort helped construct, furnish and supply the new housing. “There was no way our members were going to let our neighbors languish in hotels after losing their homes,” said Joel Crider, the workforce coordinator of the Paducah-based construction association, who oversaw the recovery. “Instead, they used their skills, their…

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More than 700 conference attendees gathered at a recent American Bar Association (ABA) Fidelity and Surety Law annual meeting to share insights and information on the “Construction Document Toolkit: The Documents Behind the Decisions.” ConsensusDocs’ Executive Director Brian Perlberg and Adam Tuckman, a construction and surety law attorney at Watt Tieder LLP, gave an overview of ConsensusDocs and some of the key differences with the American Institute of Architects (AIA) A201. ConsensusDocs’ recently updated performance and payment bonds also were featured prominently at the plenary educational session. Of particular interest to the audience were the ConsensusDocs performance and payment bonds.…

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Once consideration of Sen. Joe Manchin’s (D-W.Va.) environmental permitting reform bill was removed from the government funding bill, it easily passed the U.S. Senate and is expected to pass in the House as well. After weeks of promises on environmental permitting reform, it appears nothing substantial will be passed anytime soon. You may recall AGC first reported about environmental permitting reform legislation introduced by Senator Shelley Moore Capito (R-W.Va.) and then later about similar legislation from Senator Joe Manchin’s (D-W.Va.). The latter was supposed to be included as part of a government funding bill but there were insufficient votes in the U.S. Senate. Once…

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AGC’s lawsuit against the federal vaccine mandate is fast-tracked, as a nationwide halt to the mandate’s implementation is limited by another court. AGC of America’s Construction Advocacy Fund-backed lawsuit in the U.S. District Court for the Northern District of Texas challenging the federal contractor vaccine mandate is moving forward. It had been on hold since December 2021 pending a decision from the U.S. Court of Appeals for the 11th Circuit. That decision from the 11th Circuit came on August 26, when that court limited the scope of a nationwide injunction halting implementation of the mandate to only the plaintiffs in that particular case. Based on that…

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Construction firms added 16,000 jobs in August, according to an analysis of federal employment data released today by the Associated General Contractors of America. Association officials said their newly released survey, conducted with Autodesk, showed contractors are eager to hire more employees but are being stymied by a dearth of qualified workers. “Nonresidential construction activity is growing but contractors universally report difficulty hiring as many workers as they need,” said Ken Simonson, the association’s chief economist. “With the industry unemployment rate hovering below 4 percent, finding qualified applicants is sure to remain a major challenge.” Read more.

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Total construction spending decreased by 0.4 percent in July as spending on new houses and apartments tumbled, overshadowing a pickup in private nonresidential and public construction, according to an analysis the Associated General Contractors of America released today of federal spending data. Association officials said their newly released survey, conducted with Autodesk, showed labor shortages and supply chain problems are limiting their ability to complete projects, likely undermining total construction spending levels. “There were gains for the month for nearly every private nonresidential category, along with a jump in highway and transportation work,” said Ken Simonson, the association’s chief economist. “But our…

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