That is enforceable under State Construction Laws

Covered Contractors Must Use to Certify Annually and Submit During Evaluations

Total construction spending edged higher in October, as gains in public and private project types outmatched decreases in single- and multifamily residential outlays, according to a new analysis of federal construction spending data the Associated General Contractors of America released today. Officials noted that public sector investments would likely rise in the near future because of the recently-passed infrastructure bill, but cautioned that labor shortages and supply chain problems were posing significant challenges for the industry.

The U.S. Occupational Safety and Health Administration (OSHA) has just issued an emergency temporary standard (ETS) to require employers to ensure their workers are fully vaccinated against COVID-19 or tested on at least a weekly basis. The legal and contractual implications will wreak havoc on existing and prospective construction contracts. The OSHA ETS applies to employers with 100 or more employees to either be vaccinated or test regularly and it will apply to both private and public construction contracts. Provisions in ConsensusDocs standard contract documents provide advantages in both substance and stylistic clarity as compared to other standard contract documents, including those by the American Institute of Architects (AIA), such as the AIA A201 Terms and General Conditions document.

BY BRIAN PERLBERG, EXECUTIVE DIRECTOR OF CONSENSUSDOCS AND AGC’S SENIOR COUNSEL FOR CONSTRUCTION LAW

The U.S. Fish and Wildlife Service (U.S. FWS) has undertaken several recent policy changes related to the incidental take (injury or harm) of migratory birds. On October 4, the Service officially reversed the Trump Administration’s policy that decriminalized take that was incidental (not the intended action) to an otherwise lawful activity. The Service also recently released a Director’s Order on Incidental Take (No. 225) to address how they plan to approach incidental take implementation and enforcement. Lastly, the Service released an advanced notice of proposed rulemaking (ANRPM) to solicit feedback on a potential permitting program that would authorize the incidental take of migratory birds. Feedback is due December 3.

Provides Additional Information on Religious Objections to Workplace Vaccine Requirements