*****MAY 31 UPDATE: AGC-backed lawsuits have now halted the Biden administration’s WOTUS rule in 27 states. The Supreme Court has also weighed in and delegitimized the “significant nexus” test that the agencies used in the Biden administration’s WOTUS rule. Check out the updated AGC articles on the states where the rule is blocked and on the May 25th decision from the Supreme Court.*****

The most significant construction cases include claims related to scope gaps, design changes, delay damages, lost productivity, cumulative impacts, and bad administration, according to John Sebastian of the law firm Watt Tieder who was one of three presenters on ConsensusDocs’ recently held a webinar on 10 Risk Management Maxims that Will Change your Approach to Project Delivery. Owner maladministration includes not responding to requests for information (RFIs) in a timely manner, and not responding to time extension requests. “The big cases always have indecision at their root cause. The worst decision is indecision,” Mr. Sebastian said, adding that “indecision in itself is a decision and ultimately becomes a big piece of what litigation disputes fight about.” The ConsensusDocs risk management webinar shared many important lessons learned from the battlefield of construction projects gone wrong that wound up in litigation.

AGC is pleased to announce the appointment of new members to serve on its Environmental Committee. Members of the committee have direct access to federal regulatory officials, influence over AGC’s environmental agenda, and a means to exchange valuable information with one another and industry peers. Join us in welcoming the new members.

AGC Tells EPA Why Contractors Need Protection from Superfund’s Liability Framework

On March 28, AGC responded (via individual and coalition comments) to the U.S. Environmental Protection Agency’s (EPA) premature revision to the National Ambient Air Quality Standards (NAAQS) for particulate matter (PM). AGC supports the establishment of reasonable air quality rules that are necessary, based on sound science and measurably improve public health. However, this proposal would greatly increase the stringency of the PM NAAQS ahead of schedule, without clear justification in the science, and contrary to the Administration’s commitment to improve infrastructure and create jobs. Geographic areas that cannot meet these standards could face sanctions, such as a loss of federal highway funding or inability to permit new projects. AGC urged EPA to retain the current standards and highlighted a concern that states—in an attempt to meet the standards—may place restrictions on the use and operation of diesel equipment, which are, in essence, construction bans.

The U.S. Environmental Protection Agency (EPA) recently released the Spanish language version of its Construction Inspection Training Course. (The English version of the training is online here.) Construction site operators permitted under EPA’s 2022 Construction General Permit (CGP) are required to ensure that any individual conducting site inspections is a “qualified person.” The 2022 CGP includes new requirements for qualified persons that apply to all sites that receive permit coverage on or after February 17, 2023. After this date, an individual may be considered a qualified person only if they: