On June 10, 2009, ConsensusDOCS, the first and only widely-endorsed standard construction contracts, released its Federal Subcontract Agreement designed specifically for federal government construction projects.  The ConsensusDOCS 752 Subcontract for Federal Government Construction Projects was drafted specifically to assist contractors and subcontractors to meet new and complex federal laws and regulations.  The release of the ConsensusDOCS 752 is especially timely in light of increased federal government construction activity generally, as well as through the American Recovery and Reinvestment Act, commonly known as the federal stimulus funding bill. The ConsensusDOCS Federal Subcontract is the only standard agreement created to address new terms and conditions essential to comply with the Federal Acquisition Regulation ("FAR").  Even seasoned federal government contractors, but especially contractors new to the federal market, should consider utilizing this new contract document when subcontracting Federal work.  The 752 addresses:Ethics ComplianceFederal Prompt Pay ActE-VerifyConsensusDOCS has also created a guidance document to this newly-published document.  The sample exhibit of FAR requirements for federal construction work references more than 50 FAR requirements and was written for use in conjunction with the ConsensusDOCS 752, specifically section 12.14.  Any contractor considering federal subcontract work should consider the new ConsensusDOCS standard subcontract and corresponding guidance document found here as a helpful tool.You can also access a free podcast regarding the ConsensusDOCS 752 - Please visit http://www.ConsensusDOCS.org/podcasts/news_podcasts.html to download this free 5-minute podcast.ConsensusDOCS offers a complete library of standard contract documents that are available for use in setting terms between designers, owners, contractors, subcontractors and sureties.  The documents were created by a broad coalition of more than 20 leading construction organizations, including AGC.  For more information about ConsensusDOCS, please visit www.agc.org/contracts.

August 13, 2009, 1:30 PM - 3:00 PM ETOn Thursday, August 13, 2009, from 1:30 PM - 3:00 PM EDT, labor and employment law attorney Bert Brannen of Fisher & Phillips, LLP and construction-industry HR expert and consultant Doug Mure will take a tag-team approach to explaining the legal, practical and emotional aspects that HR professionals in the construction industry are faced with and how to avoid the pitfalls when forced to release employees.  For more information and to register, click here!

On August 5, 2009 from 1:00 to 2:00 p.m. ET, ConsensusDOCS will host a webinar titled Introducing the Subsubcontract.  The expert panel will explain the new ConsensusDOCS 725, the industry's first and only standard agreement designed specifically for use between a subcontractor and subsubcontractor.  The panelists will discuss the unique benefits and challenges of using a simplified agreement to help you understand provisions that are well-suited to the somewhat simpler relationships that subcontractors typically share with subsubcontractors, including:Value in adopting a fair form agreement tailored to the subsubcontract relationshipFlexible provisions for the incorporation of exhibits and other documentsCoordinating flow-down clauses and payment terms with other Upstream AgreementsAGC members pay just $99 ($229 retail price). Please contact Megan McGarvey at mcgarveym@agc.org or 703-837-5369 should you have questions.

The theme for the Fall AGC BIMForum meeting, to be held on October 8-9, 2009 in Philadelphia, Pa., will be "BIM as the Evolving Standard of Care: Driving Process Transformation for Designers, Contractors and Owners."  The BIMForum Leadership is submitting this call for proposals to solicit ideas for presentations that explore the depth and breadth of this topic.  Click here for more details about the Fall AGC BIMForum Call for Presentations!

Past Chair Doug Isaacs Honored at Keynote Luncheon[[{"type":"media","view_mode":"media_large","fid":"3813","attributes":{"class":"media-image size-full wp-image-91 alignright","typeof":"foaf:Image","style":"","width":"207","height":"187","alt":"dsc_0050crop"}}]]The AGC Specialty Contractors Council Executive Committee held a very productive meeting in Hot Springs, Va., on June 11, 2009, during the AGC Building Contractors Conference.  A major topic was engagement of AGC specialty contractors, and a survey, open here for input, was initiated to capture member needs and demographics.  The Executive Committee also discussed the SCC Strategic Plan and internal procedures, the current state of respective local markets and further outreach to Chapters and members regarding the formation of Chapter Specialty Contractors Councils.  In addition, the meeting focused on refining the final language of a guidance document for specialty contractors regarding retention, which will be released soon. During the Conference keynote luncheon, AGC President Doug Pruitt (Sundt Construction) recognized Doug Isaacs (Crawford Roll Lite Door Sales) for his years of service as the Chair of the Specialty Contractors Council from 2006-2008.  Pruitt presented Isaacs with a plaque to honor his dedication to the SCC, the Association and AGC specialty contractor members. Presentations from the June 2009 AGC Building Contractors Conference are available at www.agc.org/homestead. For more information about the AGC of America Specialty Contractors Council and its Executive Committee, visit www.agc.org/SCC.

The Department of Homeland Security (DHS) on July 8 announced the Administration's intent to "push ahead with full implementation" of a rule requiring federal contractors to use the E-Verify system to verify employees' authorization to work in the U.S.  The E-Verify rule will apply to federal solicitations and contract awards government-wide beginning September 8.  At the same time, DHS announced its intent to issue a new regulation rescinding a rule establishing procedures for employers to follow upon receipt of a "no-match letter" from the Social Security Administration (SSA) or DHS.For background information on E-Verify and No-Match, click here.AGC will monitor all related litigation and legislation and will report on significant developments.Meanwhile, further guidance on immigration compliance is available in an MP3 download of a live educational session held at AGC's Annual HR Professionals Conference in June 2008.  An immigration law update will also be provided at AGC's next HR Professionals Conference, which will take place October 27-29, in Atlanta, GA.  Click here for conference details and registration.  For additional resources and for information on immigration reform efforts, click here.For more information, contact Denise Gold at (703) 837-5326 or goldd@agc.org.

Monday, July 27 - 4:00-5:00pm ETJoin AGC and The Family Business Institute for a free webinar and learn how you can better your business and life through lessons learned from a case study done by the Harvard Business Review.In this one hour webinar, gain insight from other CEOs on:Business Development - from hiring the right people to setting and achieving goalsMarketing Planning - a subset of your overall business plan and what works best for the construction marketSupporting Business Development and Marketing - what else should be top priorities in a tough marketTo learn more and register for this free webinar click here!

"Turning Points in Construction" - July 23, 2009 - 2:00-3:30pm (EDT)The 2009 Market Insights Series, presented by Reed Construction Data, the Associated General Contractors of America (AGC) and the American Institute of Architects (AIA), is a free quarterly webcast series delivering the most up-to-date information on current and forecasted construction activity.Join expert economists Jim Haughey, Ken Simonson and Kermit Baker for "Turning Points in Construction," a free 90-min. webcast focused on the key factors affecting the recovery of the construction industry.

[[{"type":"media","view_mode":"media_large","fid":"3769","attributes":{"class":"media-image size-full wp-image-48 ","typeof":"foaf:Image","style":"","width":"147","height":"196","alt":"u0026lt;pu0026gt;Jim Slack, Jr., Chair, AGC of America Specialty Contractors Councilu0026lt;/pu0026gt;"}}]]Jim Slack, Jr., Chair, AGC of America Specialty Contractors Council

In recent weeks, the Department of Homeland Security (DHS) has begun fulfilling its promise of investigating employers who hire illegal workers by initiating two major steps: conducting audits of employers' I-9 forms and preparing for increased monitoring of the E-Verify System.As mentioned in the AGC article DHS to Focus on Prosecuting Employers Who Hire Illegal Workers, the Immigration and Customs Enforcement Division of DHS (ICE) has notified several hundred companies of the intent to audit their I-9 forms.  Employers chosen for the administrative audit received a Notice of Inspection (NOI) with instructions to present all original I-9 forms and supporting documents within three (3) days along with the company's hiring records.  According to a July 1 press release, ICE issued these notices to 652 businesses nationwide, compared to 503 notices issued in all of 2008.  In the press release, ICE identified the 652 employers as those resulting from "leads and information obtained through other investigative means."  Review AGC's Seven Critical Steps for Surviving an I-9 Audit for guidance once an NOI is received.ICE isn't the only division of DHS tasked with handling employer relations when it comes to immigration compliance.  The U.S. Citizenship and Immigration Services division of DHS (USCIS) has announced its plans to use a new system to monitor the use of the E-Verify system.  The new Compliance Tracking and Management System (CTMS), which is intended to alert employers of potential issues and misuse of E-Verify in order to correct any deficiencies, will be used to identify such things as the fraudulent use of Alien numbers, wrongful employee terminations due to tentative non-confirmations, verification of applicants instead of employees, verification of only some employees and failure to use E-Verify consistently, to name a few.  Although USCIS does not have the authority to investigate and prosecute employers or workers based on its findings through CTMS, USCIS may share the information it gathers with ICE as well as other law enforcement agencies in order to build a case against an employer.Employers are encouraged to be proactive in developing a system for using E-Verify before a circumstance arises.  A first step is to review the basic guidance provided by USCIS with expert counsel to outline a specific set of best practices, such as:·        Providing E-Verify basic compliance training and I-9 training for all E-Verify users;·        Running and evaluating reports on E-Verify use on a regular basis and sharing the information with an individual who is not involved with E-Verify operations;·        Having outside auditors and legal counsel review the process to assess exposure and concerns;·        Establishing and maintaining safeguards to prevent use of the E-Verify process for unlawful discrimination;·        Creating and implementing procedures for handling a possible E-Verify review by USCIS, including contacting legal counsel; and·        Conducting integrated, annual I-9 and E-Verify internal audits.As immigration enforcement and monitoring becomes a more pressing concern for companies across the country, it is important for employers to become aggressive in developing and executing Best Practices for staying compliant with current immigration laws.Some information in this article is provided by Greenberg Traurig, LLP. For more information, contact Denise Gold at (703) 837-5326 or goldd@agc.org.