Construction Law

May 19, 2016

<p>On May 17, the House Oversight and Government Reform Committee unanimously approved AGC-supported <a href=""><u>legislation</u> </a>that would (1) require civilian federal agencies—non-Department of Defense agencies—to utilize the two-step design-build selection process for design-build projects greater than $3 million, thereby limiting one-step design-build procurements; and (2) help prohibit reverse auctions for certain construction services. Introduced by Rep. Mark Meadows (R-N.C.), the bill—H.R. 5199—is nearly identical to the <a href=""><u>AGC-backed legislation</u></a> passed by a Senate Committee in February. AGC will continue to push for enactment of these procurement reforms.</p>

May 19, 2016

<p>In what may be a 12-round bout, AGC has scored another victory on the path to expunging President Obama’s <u><a href="">Blacklisting Executive Order</a>.</u> On May 19, the House of Representatives approved legislation that includes an AGC-backed provision to the National Defense Authorization Act—a bill that has been annually enacted into law for 54 consecutive years—that ensures the EO would not apply to Department of Defense and National Nuclear Security Administration contracts. AGC will work with Congress to limit the Executive Order.</p>

May 19, 2016

The House of Representatives today failed—on a vote of 209-216—to pass AGC-supported legislation that would block further implementation of President Obama’s 2009 executive order encouraging federal agencies to consider government-mandated project labor agreements (PLAs) on construction projects. AGC, along with other industry allies, urged members of the House to support this initiative and will continue to advocate against government-mandated PLAs.

May 19, 2016

<p>On May 18, the U.S. Department of Labor released its <a href=""><u>final rule</u></a> implementing changes to the Fair Labor Standards Act (FLSA) overtime regulations.&nbsp; The most significant change is a doubling of the standard salary threshold for exempt employees – from $455 per week ($23,660 per year) to $913 per week ($47,476 per year).&nbsp; The rule takes effect on Dec. 1, 2016. In 2015, AGC sent both <a href=""><u>individual comments</u></a> and signed onto <a href=""><u>coalition comments</u></a> on the proposed rule. These comments raised strong concerns that the proposed salary threshold of $970 per week ($50,440 per year) would be too large an increase for employers to absorb all at once. While not all of AGC’s and the coalition’s recommendations were accepted, the final rule does establish a lower salary threshold than originally proposed.&nbsp; The final rule’s concession for bonuses and commissions and its abstinence from changing the duties test are also consistent with AGC’s recommendations.</p>

May 12, 2016

As previously reported by AGC, the U.S. Environmental Protection Agency (EPA) is accepting public comment on its draft 2017 National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP) until May 26. AGC has taken numerous actions over the last several weeks to inform the EPA staff of AGC’s main concerns with the agency’s proposed draft, but more input from the construction industry would be helpful to shape the final rule.  The paramount concern is the possible addition of a brand-new requirement that would make construction site “operators” publicly report (via an Internet post) their construction stormwater pollution prevention plans (SWPPPs).  Please use AGC’s draft discussion document to share your concerns with EPA by the May 26 comment deadline. Although EPA’s CGP directly applies in only a handful of states and territories, it serves as a national model for state-issued CGPs.

May 5, 2016

AGC members have every reason to believe they are constantly being threatened by a barrage of new regulatory initiatives. AGC is following more than 20 major rulemakings that impact the industry right now such as the “Waters of the US” proposed rule, the silica rule, the “ambush” election rule, the overtime rule (see next story for an update on AGC’s efforts), and the “blacklisting” rule to name a few. Today, the Competitive Enterprise Institute released its annual survey of the size, scope, and cost of federal regulations, and how they affect American consumers, businesses, and the U.S. economy.

April 28, 2016

In what may be a 12-round bout, AGC won round one to block President Obama’s Blacklisting Executive Order. Late last night, the House Armed Services Committee added an AGC-backed provision to the National Defense Authorization Act—a bill that has been annually enacted into law for 54 consecutive years—that ensures the EO will not apply to Department of Defense and National Nuclear Security Administration contracts. AGC will work to expand the application of the EO government-wide when the bill hits the House floor and during consideration in the Senate.

December 1, 2015
Teri Jones, SUNDT

As a professional working in the Business Development world, you are probably acutely aware that the reason for your existence is to Develop Business and that entails more than fine dining and golf! Pre-Winning plays a large role in your company’s ability to secure the type of work, and build the type of relationships, that will produce the desired results.

November 1, 2015
Colleen Kelly, Beacon Occupational Health & Safety Services

Has all of the romance drained out of your business proposals? You used to spend hours thinking about the client’s needs and wants. What would their ideal contractor look like? How could I show that we’re the perfect match? But lately, things have become stale. You’re less interested in them and would much rather talk about yourself. If your win rate is going down the tubes, now’s the time to rethink your proposal writing strategy.

September 1, 2015
Jon O'Brien, Master Builders Association

LinkedIn has been called Facebook for professionals, the virtual rolodex, and the headhunter’s haven to name a few. Regardless of what you call this online network, LinkedIn can be important for business development. Before delving into LinkedIn business development advice, let’s look at why LinkedIn is beneficial for the construction industry.


Subscribe to Construction Law
Go to top