At the recent AGC conference, one of the concerns that stood out is the design liability faced by construction companies. It is one of the most important risk management issues faced by general contractors today. Design liability concerns are not limited to just design-build projects. It is a hot-button issue for builders because the line between an architect’s responsibility to create sufficient design documents and a builder’s responsibility to execute the means, methods, and techniques is increasingly blurry. Problems arise when owners, design professionals, and builders point fingers, rather than truly collaborate, and communicate. While construction technologies used to assemble complex systems within buildings are increasingly sophisticated, such sophistication is unfortunately not matched with increased information sharing and effective communication.

ConsensusDocs recently presented a webinar entitled “Managing Subcontractor Default, Bankruptcy, and Owner Insolvency in a Recovering Post Covid-19 Construction Economy.” The webinar, moderated by Phil Beck, a partner in the law firm Smith, Currie, and Hancock LLP, highlighted several steps that construction professionals can proactively take to protect themselves and their projects’ success.

Staying abreast of the latest developments and trends in construction law is one of the best ways to mitigate your construction company’s risk. Knowledge at your fingertips is power. ConsensusDocs publishes a monthly construction law newsletter that is one of the best resources to stay on top of your game. Sign up for free here.

Victory for Construction Advocacy Fund-Financed AGC Lawsuit

AGC releases full report from its first-ever workforce summit which includes a lengthy catalog of steps firms, educators and AGC of America chapters are taking to address workforce shortages. It also includes 22 new recommendations summit participants crafted, to help overcome the recruiting, training and retention challenges behind construction workforce shortages. To learn more about the report and the 22 new recommendations, please register for the February 15 webinar on this topic. Click here to register for that event now.

On January 19, AGC, along with the American Road and Transportation Builders Association (ARTBA) and Signatory Wall and Ceiling Contractors Alliance (SWACCA), submitted comprehensive comments to OSHA reiterating the construction industry’s success in protecting workers throughout the pandemic, while also reminding the agency of the low-risk nature of construction work. The joint comments further detailed how the ETS will exacerbate the workforce shortage for covered contractors, significantly increase construction project costs, and potentially result in delays that will undermine the nation’s economic recovery.

On January 14, the Federal Highway Administration launched the Bridge Replacement, Rehabilitation, Preservation, Protection, and Construction Program created in the recently passed Infrastructure Investment and Jobs Act. The program represents the single largest dedicated bridge investment since construction of the interstate highway system, providing $26.5 billion to states, the District of Columbia and Puerto Rico over five years. The total amount that will be available to these entities in fiscal year 2022 is $5.3 billion. In conjunction with this announcement, the White House also detailed its progress over the last 60 days on implementing the new law, which may be found here.