ConsensusDocs recently posted a free webinar on Construction Price Escalation that helps owners, general contractors, and trade contractors alike navigate the unprecedented price spikes and supply chain disruptions wreaking havoc on the industry. You can access the webinar here, as well as other valuable resources available on the ConsensusDocs Price Escalation Resource Center that includes links to sample language provided in the ConsensusDocs 200.1 Price Escalation Amendment.

The White House Council on Environmental Quality (CEQ) recently announced several proposed changes to CEQ’s NEPA rules, which impose environmental review requirements on all federal agencies that carry out, authorize, permit, or fund actions with potential environmental impacts. The Biden Administration released a statement that this is part of their whole-of-government approach to tackling climate change and confronting environmental justice. AGC submitted comments on the November 22 deadline and also signed on to a coalition comment letter in response to the proposal.

The Biden Administration’s Commerce Department announced that it will double anti-dumping and countervailing duties on Canadian softwood lumber producers, from 8.99% to 17.99%. Earlier this year, Commerce said it planned to increase the tariffs to 18.32% but agreed to further study the issue after significant bipartisan pushback from Congress, which AGC supported at the time.

AGC Preparing Lawsuit to Further Bolster Mandate Challenges

The Vote, However, Is Largely Symbolic

All 34 lawsuits—including AGC’s, supported by the Construction Advocacy Fund—challenging OSHA’s Emergency Temporary Standard (ETS) on COVID-19 are now consolidated in the U.S. Court of Appeals for the Sixth Circuit. The federal government has filed a motion in that court to dissolve the current stay of any enforcement of that standard, including its vaccination/testing mandate, and on December 10, the parties will complete their briefing of that motion. Since November 6, that stay has precluded OSHA from implementing or enforcing the ETS, including requirements that OSHA had scheduled to take effect on December 6. AGC of America expects the court to grant or deny the government’s motion within a matter of days. While significant, the court’s decision will not end the litigation. Its decision on the stay will not be a final decision on the merits of the ETS. That will come later.

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.