The AGC Specialty Contractors Council Executive Committee (SCC EC) met January 21, 2010 at the AGC Building Contractors Conference in San Juan, Puerto Rico.  Topics included a review of 2009 activities, the current construction market, AGC's value to specialty contractors, and 2010 programs and services.  The SCC EC will also meet on March 18 at the AGC Annual Convention in Orlando, FL.

Using real-world examples, two leading construction attorneys will discuss many of the difference between ConsensusDOCS and AIA standard form construction contract documents. Key issues that will be addressed include:Owner Financial InformationMeans and MethodsSubmittal ScheduleChange OrdersDispute ResolutionRetainageSubstantial CompletionInsuranceRoles and ResponsibilitiesIndemnificationLiquidated DamagesOrder of PrecedenceDuration:  90 minutes (including live Q & A)Register today by clicking here!

The U.S. Environmental Protection Agency (EPA) is currently considering whether or not to expand and strengthen requirements of the 2008 Lead Renovation, Repair and Painting (RRP) rule to cover renovations of both the exteriors and the interiors of all public and commercial buildings.  EPA's anticipated action is required by a legal settlement it reached in August 2009 with environmental and health advocacy groups that had challenged the RRP rule.  The current RRP requirements, which will take full effect on April 22, 2010, require paid contractors and maintenance professionals to be trained and certified on certain mandated lead-safe work practices before renovating or repairing housing and facilities for children built before 1978.EPA is considering extending the lead RRP requirements to all commercial buildings.  This action results from a legally-binding "agreement" EPA reached with environmental groups to settle a lawsuit that Sierra Club and others filed in the Federal Court of Appeals against the Agency concerning its RRP rule.  Under the settlement agreement, EPA is required to reconsider certain provisions of the RRP regulations and issue a series of rulemakings.  Specifically, EPA has agreed to the following:By April 22, 2010, EPA will issue an ANPR (advance notice of proposed rulemaking) discussing its intention to propose work practice requirements for renovations on the EXTERIORS of public and commercial buildings other than child-occupied facilities (schools and child care centers already covered by the final RRP rule); and to evaluate whether renovations in the INTERIORS of these buildings create lead-based paint hazards, and, if so, propose work practice requirements for those renovations.By December 15, 2011, EPA will issue a proposed rule to establish work practice requirements for renovations on the EXTERIOR of public and commercial buildings other than child-occupied facilities. EPA must take final action on the EXTERIOR proposal by July 15, 2013.By September 30, 2011, EPA will consult with the EPA Science Advisory Board (SAB) on a risk assessment methodology to evaluate the hazards posed by renovations in the INTERIOR of public and commercial buildings not covered by the final RRP rule. Eighteen months after receiving the SAB report, EPA must either issue a proposed rule to establish work practice requirements for INTERIOR renovations in public and commercial buildings or conclude that they do not create lead-based paint hazards. The proposal must include, if necessary, new hazard standards for these buildings. EPA must take final action on the proposed rule within 18 months of publication.All future EPA rulemakings will be available for public comment.First Round of Proposed Changes to RRPBack in October 2009, EPA proposed a first set of revisions to the 2008 Lead Renovation, Repair, and Painting rule that would eliminate what EPA refers to as the "opt-out" provision.That provision allows renovators to opt out, or be exempted from, the training and work requirements of the rule. (Firms can be exempted if they obtained a certification from the owner that no child under 6 and no pregnant woman resided in the residence.)  The Agency also is proposing to increase recordkeeping requirements and changes affecting training.  EPA also would require renovation firms to provide the owner and occupant with records documenting compliance with the rule. 74 Fed. Reg. 55506, Oct. 28, 2009.In related news, EPA is also currently working with the Department of Housing and Urban Development to modify the definition of lead-based paint in its regulations.For more information, please contact Leah Pilconis at pilconisl@agc.org or (703) 837-5332.

The Specialty Contractors Council (SCC) has accomplished a great deal since it was established in 1997.  Review the recently updated history of the SCC by clicking here.

In a move aimed to improve federal government contracting for engineering services and construction contracts, the U.S. Department of Agriculture, Rural Utility Service (RUS) has recently has pre-approved two ConsensusDOCS contract documents in a recently issued guidance bulletin.  RUS provides loans, guaranteed loans and grants for water, sewer, storm water and solid waste disposal facilities in cities and towns up to 10,000 people and rural areas.  RUS is part of the USDA Rural Development, which in 2008 invested over $20.7 billion in rural America through its programs.The bulletin specifically allows the use of ConsensusDOCS 200.2 Electronic Communications Protocol to establish a protocol to transmit information through electronic media.  Using technology to communicate is considered by most as a best practice to improve both time and total cost on construction projects. Otherwise, the traditional design and construction process generally mandates use of hard copies - a slow process.  Another improvement is in allowing use of the ConsensusDOCS 220 Contractor's Qualification Statement for Engineered Construction.  Using standard qualifications statements assists construction owners in evaluations of bidder qualifications.The RUS bulletin marks the first time the federal government has issued a guidance document allowing use of certain ConsensusDOCS contract documents.  Access the full press release here.  Please visit www.agc.org/contracts or contact Meghan McLellan at mclellanm@agc.org or (703) 837-5417 for more information.

[[{"type":"media","view_mode":"media_large","fid":"3769","attributes":{"class":"media-image alignright size-full wp-image-48","typeof":"foaf:Image","style":"","width":"147","height":"196","alt":"slack-jimphoto"}}]]Specialty Contractors Council (SCC) Chair Jim Slack Jr., of Slack & Co. Contracting Inc., in Houston, Texasm was featured in a Constructor magazine article in the November/December 2009 issue.  Slack highlighted his own experiences, the challenges and opportunities specialty contractors are facing, and the work of the SCC.Click here to read the article.

AGC, the American Subcontractors Association (ASA), and the Associated Specialty Contractors (ASC) created this resource that explores the keys to a successful construction project and the specifics on how contractors can reach their mutual objective to “successfully deliver to the owner the specified project safely, on time, at the contract price, and achieve a reasonable profit in return for performance of its work.”  A new flyer about the Guidelines can be found here and the complete Guidelines can be found at www.constructionguidelines.org.

[[{"type":"media","view_mode":"media_large","fid":"3891","attributes":{"class":"media-image size-full wp-image-192 alignright","typeof":"foaf:Image","style":"","width":"106","height":"133","alt":"fuentes"}}]]Jorge Fuentes of Gabriel Fuentes Jr. Construction Co., in San Juan, Puerto Rico, has been named Vice Chair of the AGC of America Specialty Contractors Council (SCC).  Fuentes currently serves on the SCC and its Executive Committee, and is a past member of the AGC of America Executive Board.

Early Bird Discount Ends January 31, 2010 - A $200 Savings!Early-bird registration for the AGC's 91st Annual Convention & Pavilion has been extended to January 31, 2010.  Save $200 on both Platinum and Standard registrations.  Take advantage of reduced registration and hotel fees to attend one of the few industry events that will provide you with immediate actionable information and education to improve your business and meet the challenges facing our industry.  Learn more about the upcoming convention or register to attend at http://convention.agc.org.Specific specialty contractor events include a Specialty Contractors Reception on March 18 and the Specialty Contractors Council Meeting on March 19.

As previously reported, EPA committed to issuing new requirements for coal combustion waste by the end of 2009. In a press release issued December 17, EPA missed that deadline and is delaying the release of any new requirements to allow additional time to research the issue.  At this point, EPA is still considering the designation of coal combustion waste as a hazardous material. This would lead to stringent requirements for the storage, disposal and transport of these material; and it would very likely have serious implications on the use of these materials (e.g., fly ash) in construction applications. Of primary concern to AGC is protecting the beneficial use of fly ash in construction. A link to a letter that AGC wrote to the EPA Administrator expressing our concerns can be found here. The AGC Environmental Network steering committee members met with EPA on this issue during their October meeting. AGC staff also met with the Assistant Administrator for EPA's Office of Solid Waste in November.For background information on this subject, please visit AGC's Environmental Observer here.For more information on the delay, please review the EPA's press release here.