On January 26, AGC of America, along with its Construction Industry Safety Coalition Partners, responded to OSHA on its first regulatory step towards establishing a federal heat standard for indoor and outdoor work, a rule with the potential to have far-reaching impacts on the construction industry. While the proposal issued by OSHA lacked actual, draft regulatory language, and was presented in a series of questions, AGC’s responses took the opportunity to highlight proactive efforts the industry has taken, confusion surrounding existing state standards, and the impracticality of an 80-degree trigger threshold for such a standard from the perspective of the wide array of climates nationwide. AGC will continue to engage with members to better inform the agency as they proceed, which is most likely the case for this initiative.
At the recent AGC conference, one of the concerns that stood out is the design liability faced by construction companies. It is one of the most important risk management issues faced by general contractors today. Design liability concerns are not limited to just design-build projects. It is a hot-button issue for builders because the line between an architect’s responsibility to create sufficient design documents and a builder’s responsibility to execute the means, methods, and techniques is increasingly blurry. Problems arise when owners, design professionals, and builders point fingers, rather than truly collaborate, and communicate. While construction technologies used to assemble complex systems within buildings are increasingly sophisticated, such sophistication is unfortunately not matched with increased information sharing and effective communication.
ConsensusDocs recently presented a webinar entitled “Managing Subcontractor Default, Bankruptcy, and Owner Insolvency in a Recovering Post Covid-19 Construction Economy.” The webinar, moderated by Phil Beck, a partner in the law firm Smith, Currie, and Hancock LLP, highlighted several steps that construction professionals can proactively take to protect themselves and their projects’ success.
Staying abreast of the latest developments and trends in construction law is one of the best ways to mitigate your construction company’s risk. Knowledge at your fingertips is power. ConsensusDocs publishes a monthly construction law newsletter that is one of the best resources to stay on top of your game. Sign up for free here.
As previously reported by AGC, the Infrastructure Investment and Jobs Act (IIJA) includes new Buy America requirements, that could delay infrastructure projects funded by the law. The IIJA provides funding for physical infrastructure like roads, water systems, the electric grid, and more. The new and expanded Buy America requirements apply to all federally funded programs and include manufactured products, like iron and steel, and also construction materials used on projects within those programs.
Accepts Many AGC Recommendations
On January 24, AGC, along with other transportation stakeholders, called on congressional leaders to enact a full-year fiscal year 2022 federal government funding bill that will finance all new and increased programs infrastructure investment accounts from the recently enacted Infrastructure Investment and Jobs Act. In December, Congress passed a continuing resolution to fund the federal government through February 18. That extension of existing funding did not include appropriation of funds for many new programs in the November passed infrastructure bill.
Victory for Construction Advocacy Fund-Financed AGC Lawsuit