Together, AGC of America and its Illinois Chapters have achieved a major breakthrough as to commercial general liability insurance (CGL) coverage for construction defects under Illinois law. The Illinois Supreme Court issued its opinion in Acuity v. M/I Homes of Chicago, LLC, Docket No. 129087 on Nov. 30, 2023. The case involved CGL coverage for construction defects resulting in water damage to a townhome project. In that context, the Supreme Court clarified the law to agree with many state supreme courts that such property damage is an “occurrence” in Illinois. The Supreme Court’s clarification is extremely favorable to the construction industry and was supported by an amici curiae brief sponsored by AGC of America, National Association of Home Builders, American Subcontractors Association and local chapters in Illinois.
On July 17, the Occupational Safety and Health Administration (OSHA) announced a final rule that expands the current recordkeeping requirements, and goes into effect on January 1, 2024, to mandate the submission of Form 300-Log of Work-Related Injuries and Illnesses and Form 301-Injury and Illness Incident Report in addition to Form 300A-Summary of Work-Related Injuries and Illnesses data from construction establishments with 100 or more employees. Establishments with 20 to 99 employees continue to be required to submit only Form 300A-Summary of Work-Related Injuries and Illnesses data. AGC communicated our concerns with the rule to OSHA during the rulemaking process.
AGC of America will hold the next Union Contactors Forum quarterly meeting on December 13, 2023, at 11:00 a.m. ET. All interested AGC members and chapter staff are invited. The meeting is not open to nonmembers. The agenda will include updates from AGC staff and an open discussion of labor relations matters.
AGC recently submitted comments on the Treasury Department and Internal Revenue Service’s (IRS) notice of proposed rulemaking on how to satisfy the prevailing wage and apprenticeship requirements (PWA) for enhanced tax benefits under the Inflation Reduction Act (IRA). This was the second round of guidance and request for input. Treasury and the IRS previously provided guidance on the PWA requirements in 2022, to which AGC submitted extensive feedback.
On November 7, AGC weighed in against a U.S. Department of Labor (DOL) proposed rule to increase the threshold for coverage of overtime regulations under the Fair Labor Standards Act by nearly 70 percent, from $35,568 to $60,209, for a litany of reasons. As both the association and its coalition partners explain, the proposal would be too much for employers (especially small business construction companies) to absorb at one time and would, accordingly, threaten employees’ future.
The Consulting Constructors' Council (CCC) is proud to announce the upcoming California Dreamin' Gala, Tuesday March 19, 2024 at the Marriott Marquis San Diego Marina held in conjunction with the AGC of America annual Convention. It will be a night filled with inspiration, camaraderie, and a commitment to shaping the future of construction education—benefitting the AGC Education & Research Foundation.
If you work in-house at a construction firm and cover environmental issues, you may be interested in AGC’s peer discussion meeting on Feb. 7 at AGC’s headquarters in Arlington, Va. AGC holds these small, focused discussion sessions twice a year at the request of the members to learn from their peers with similar responsibilities, opportunities and challenges.