Author: Crystal Yates

Register for ConsensusDocs’ February 24 webinar to understand the latest twists in progressive design-build. Progressive design‑build (PDB) is gaining momentum across the construction industry as owners and project teams look for delivery methods that encourage early collaboration, cost transparency, and greater flexibility. From the federal government authorizing the use of PDB for military construction in the 2026 National Defense Authorization Act, to the soon-to-be released Progressive Design Build Agreement from ConsensusDocs, PDB is in the news. Contractors looking to better understand these developments should plan to attend ConsensusDocs’ upcoming webinar, Progressive Design-Build: Concerns, Opportunities, and Latest Twists, on February 24,…

A new Construction Labor Research Council (CLRC) Settlements Report, shows that collective bargaining agreements again rose at historically high levels in 2025. Newly negotiated contracts averaged a 4.7% first-year total package increase, matching the rate seen in 2023 and 2024. While the post-pandemic acceleration in wage growth has leveled off, settlements are holding at the highest sustained levels in decades. The average dollar value of first-year increases reached $3.12 per hour, up from $2.95 in 2024, continuing the upward pressure on contractor labor costs. Importantly, most settlements are now in the middle-to-high ranges, signaling that the market has stabilized at…

AGC brought the industry together for a sold-out Surety Bonding and Construction Risk Management Conference, along with three pre-conference meetings for in-house construction lawyers, risk managers, and environmental managers that kicked off the week with great peer-to-peer discussion. The week also included the annual Bill Ratz Memorial Golf Tournament, which benefits the AGC Education Foundation. The main conference delivered outstanding, contractor-focused content on today’s most pressing surety, insurance, and risk issues, and attorneys also had the opportunity to earn CLE credit through the program. Thank you to our speakers for sharing their expertise and to our sponsors for their generous…

The U.S. Department of Labor will hold a free virtual seminar about the recently relaunched Payroll Audit Independent Determination program (PAID), which provides employers the opportunity to self-identify and resolve potential minimum wage, overtime, and leave violations under federal labor laws. Originally launched in 2018, PAID has new enhancements, resources, and tools. The program has several of the same objectives as before, including resolving wage violations under the Fair Labor Standards Act (FLSA), and now has expanded to include the Family and Medical Leave Act (FMLA). PAID intends to assist employers seeking to correct violations efficiently and without any litigation costs, improve compliance, and…

Join AGC of America for a virtual townhall focused on alternative approaches to providing employee health benefits, with a spotlight on self-funded captive arrangements and the transition from fully insured to self-insured health plans. Register here. As medical costs continue to rise and plan designs become more complex, many contractors are evaluating self-funded models as a way to gain greater control over costs, plan design, and long-term sustainability. This session will feature an expert presentation from Alliant Insurance, providing an overview of how captive health arrangements work, how they differ from traditional fully insured plans, and what contractors should consider…

In January 2026, the U.S. Department of Labor’s Wage and Hour Division (WHD) released a new batch of opinion letters addressing common questions under the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). These letters provide insight into how WHD currently interprets and enforces federal wage-and-hour requirements and can be a useful compliance resource for employers. The letters address the following issues: Opinion letters are official WHD interpretations applying federal law to specific workplace scenarios. While not binding on courts, employers that rely on them in good faith may have a defense to liability under…

The National Labor Relations Board (NLRB or Board) now has a quorum for the first time in nearly a year. On January 7, 2026, James Murphy and Scott Mayer were sworn in as new Board members. On the same day, Crystal Carey was sworn in as the NLRB’s new general counsel. This means that the NLRB can resume processing cases at the highest level. However, the pace of change is expected to be tempered by the backlog of cases, shortage of staff, and lack of a three-member majority from one party. Murphy has served over 47 years at the NLRB…

The U.S. Court of Appeals for the Ninth Circuit (covering AK, AZ, CA, HI, ID, MT, NV, OR, WA, and Guam) recently ruled in favor of AGC of America’s position in a withdrawal liability case. In an amicus brief submitted in August 2025, AGC argued that demolition and abatement work fall within the definition of “building and construction industry” as the term is used in the Employee Retirement Income Security Act of 1974 (ERISA), as amended by the Multiemployer Pension Plan Amendments Act (MPPAA). In its January 5, 2026, opinion, the court agreed. Case Background Walker Specialty Construction (Walker), a…

On Jan. 5, AGC responded to a newly proposed definition of the term “waters of the United States” under the Clean Water Act—determining when a water falls under federal or state jurisdiction. If federal, the permitting process can add significant cost and scheduling delays to projects. AGC made recommendations to strengthen the proposal to ensure roadside ditches, stormwater controls, and other mostly dry features are not regulated as federal waters. As previously reported, the joint U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers proposal aims to more fully align the regulation with the statute and recent…

On December 16, for the second time in 2025, the U.S. Court of Federal Claims ruled that a requirement to use a project labor agreement (PLA) on a large-scale federal construction project (contract value over $35 million) is anti-competitive and therefore violates the Competition in Contracting Act (CICA). The court further issued a permanent injunction removing the PLA requirement from the challenged solicitation. The court’s December 16 decision to strike down application of the federal PLA mandate arose in response to a large AGC-member contractor’s bid protest in connection with a United States Corps of Engineer’s (USACE) solicitation for a…