Legal Advocacy

Legal Advocacy

AGC's efforts to advance the construction industry span all three branches of government. The association participates in not only legislative and regulatory proceedings, but also legal proceedings in the federal and even the state courts. AGC participates in nationally significant cases that either promise to improve or threaten to damage the business environment for construction contractors.

Below you will find a list of the cases that have recently attracted the association's attention. Each listing links to additional information.


Topic Issue Court(s) Status
Safety & Health Fabi Construction v. Sec. of Labor
Whether the OSH Act renders it unlawful for a construction contractor to follow shop drawings that the contractor either "knew or should have known" to be "contrary to industry custom and practice."
U.S. Ct. of App. for the D.C. Circuit Decided 11/27/07
Labor & HR Glens Falls Bldg. and Const. Trades Council
Whether an agreement between a project owner and a construction labor union to impose a project labor agreement on any upcoming project in a "hot cargo" agreement that violates the NLRA.
National Labor Relations Board Decided 7/31/07
Construction Risk Management Lamar Homes v. Mid-Continent Casualty
Whether a standard form commercial general liability insurance policy provides any coverage for property damage or bodily injury resulting from construction defects.
Texas Sup. Ct. Decided 8/31/07
Labor & HR Carpenters Local 1506
Whether a labor union violates the NLRA when it publicly displays large banners on or near the premises of neutral project owner hoping to pressure the owner to cease doing business with a contractor with whom the union has a primary dispute.
National Labor Relations Board Decision Pending
Construction Risk Management Auto-Owners Ins. v. Pozzi Window and U.S. Fire Ins. v. J.S.U.B.
Whether a standard form commercial general liability insurance policy provides any coverage for property damage or bodily injury resulting from construction defects.
Florida Sup. Ct. Decision Pending
Construction Risk Management Aten v. Scottsdale Ins.
Whether a standard form commercial general liability insurance policy provides any coverage for property damage or bodily injury resulting from construction defects.
U.S. Ct. of App. for the 8th Circuit Pending
Environment NRDC v. U.S. EPA
Whether the U.S. EPA has a "nondiscretionary duty" to promulgate effluent limitation guidelines (which could include numerical limits on the sediment in storm water runoff) for the construction industry.
U.S. Ct. of App. for the 9th Circuit Pending