Prefabrication continues to grow in usage and impact. It is a hybrid of construction and manufacturing. Also, prefabrication includes on-site and off-site performance requirements. As such, several interesting legal issues arise that must be addressed contractually. Consequently, ConsensusDocs has just published the ConsensusDocs 253 Standard Agreement Between an Owner and Prefabricator.
NEW! ConstructorCast: Coming to a Jobsite Near You: Hardhats to Helmets
On Jan. 31, the U.S. Environmental Protection Agency (EPA) made a controversial decision to block or “veto” a Clean Water Act section 404 permit for the Pebble Mine in Alaska. Last year, AGC raised concerns that EPA’s preemptive veto of the permit would set a harmful precedent for future projects working through the permitting and/or appeals process and have a chilling effect on infrastructure development. The permit in question was undergoing an administrative appeal (still pending) following the U.S. Army Corps of Engineers’ denial.
The U.S. Environmental Protection Agency (EPA) has reconsidered the 2020 determination that retained the national ambient air quality standards (NAAQS) for particulate matter (PM) and has proposed to tighten the primary annual PM2.5 standard outside of the normal five-year framework for these changes. AGC closely monitors and weighs in on these rulemakings as they may include stricter requirements and/or restrictions on diesel engines and their use. If an area of the country does not meet the standards, then the federal government can introduce sanctions such as caps on development and the loss of federal funding for highway projects.
The most used ConsensusDocs standard contract document is the ConsensusDocs 751 Standard Short Form Subcontract. The Associated General Contractors of America (AGC), through its Contract Documents Forum, has just released comments to this popularly used standard subcontract document. These comments can be found at www.agc.org/contract as a member-only download on the bottom-right side of the webpage. General contractors will want to consider these comments in tailoring subcontract language for their own project-specific purposes – regardless of whether they are using a standard form or bespoke contract.