In a June 21 letter, AGC of America raised supply chain concerns stemming from a proposed rulemaking to impose Federal Implementation Plan requirements on twenty-six states as part of the U.S. Environmental Protection Agency’s (EPA) “good neighbor” plan related to the 2015 ozone National Ambient Air Quality Standard (NAAQS). EPA’s proposal would add emissions budgets and limits on certain energy and, for the first time, industrial sources—including certain kilns, boilers, furnaces, and mills. Although not directly impacted, AGC members could experience disruptions in availability or cost increases for energy or materials key to construction such as cement, iron and steel, glass, chemicals, and paper products.

AGC weighs in on SEC proposal to require privately held construction contractors to track and report emissions on construction projects for public companies.

When contracting for design-build, ConsensusDocs offers options. The ConsensusDocs 410 Design-Build Agreement [Cost of the Work with a Guaranteed Maximum Price (GMP)] is the most popular within ConsensusDocs. Contractually, the GMP is set by the ConsensusDocs 410.1 GMP Amendment. When should you set the GMP for a design-build project? Well, that depends. Parties should set the GMP as soon as there is enough design development as well as price and schedule certainty that the parties feel comfortable locking those terms into an agreement.

On June 21, 2022, the Biden Administration unveiled its Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions mapping out federal agency priorities for the coming months. This bi-annual publication informs the public of regulations under consideration or planned by federal agencies. The present agenda includes several submissions by labor agencies.

The U.S. Department of Labor is proposing changes to its “WD-10 Davis Bacon Wage Survey Report of Construction Contractor’s Wage Rates” form to help improve collection of data for determining prevailing wage rates.

AGC of America and five other employer groups jointly submitted an amicus brief at the U.S. Supreme Court on June 15 in support of a request for review of a Washington Supreme Court decision that prevents a company from recovering damages from a union that sanctioned destruction of company property.