The Department of Homeland Security (DHS) has issued a final rule rescinding the so-called "No-Match rule" first issued in August 2007 and supplemented in October 2008.  The final rule is the same as the proposed rule issued in August 2009.The rescinded rule addressed the legal obligations of an employer upon receipt of a "no-match letter," which is a letter from SSA informing an employer that employee Social Security Numbers submitted on employer W-2 forms do not match SSA records or a letter from DHS informing the employer of a discrepancy calling into question an employee's work authorization.  The rescinded rule set forth a "safe-harbor" process for an employer to follow in order to avoid a finding that its receipt of such a letter gave it constructive knowledge of a worker's illegal status.  The rule was never implemented, however, because a legal challenge brought by the U.S. Chamber of Commerce, AFL-CIO, and others led to a preliminary injunction that was still in force when DHS rescinded the rule on October 7.  The lawsuit is now moot and will likely be dismissed after the rescission takes effect on November 6. According to the October 7 rule, DHS "has not changed its position as to the merits of the  2007 and 2008 rules" but has "decided to focus on more universal means of encouraging employer compliance than the narrowly focused and reactive process of granting a safe harbor for following specific steps in response to a no-match letter."  DHS reminded employers:Receipt of a No-Match letter, when considered with other probative evidence, is a factor that may be considered in the totality of the circumstances and may in certain situations support a finding of "constructive knowledge."  A reasonable employer would be prudent, upon receipt of a No-Match letter, to check their own records for errors, inform the employee of the no-match letter, and ask the employee to review the information.  Employers would be prudent also to allow employees a reasonable period of time to resolve the no-match with SSA.DHS also reminded employers that terminating of an employee referenced in a no-match letter without first attempting to resolve the mismatch, or treating an employee differently based on national origin or perceived citizenship status, may be unlawful discrimination under the anti-discrimination provisions of the Immigration and Nationality Act.  DHS advised:Employers should not use No-Match letters, without more, as a basis for firing employees without resolution of the mis-match, and DHS has never countenanced such a practice. DHS urges employers, employees, and other interested parties to contact the Office of Special Counsel for Immigration-Related Unfair Employment Practices, (800) 255-8155 or http://www.usdoj.gov/crt/osc/, for additional information and guidance about the application of the anti-discrimination provisions.DHS did not say whether it plans to issue further guidance on how employers should respond to a no-match letter.  AGC will monitor any developments in that area.  AGC will monitor and report on any developments.  Meanwhile, employers that receive a no-match letter are advised to carefully follow the instructions provided in the letter, to take prompt actions -- similar to those set forth in the safe-harbor process -- that would demonstrate the employer's good-faith effort to resolve the mismatch and avoid the employment of unauthorized workers, and to seek the advice of legal counsel as needed.  For more information on the safe-harbor process and on other steps that employers can take to protect themselves, click here.

On September 25, the EPA issued a press release offering guidance to school administrators and building owners to lessen exposure to PCBs (Polychlorinated Biphenyls) found in caulk of old buildings constructed or renovated between 1950 and 1978.  PCBs have long been banned, but still pose a potential threat to public health.  "We're concerned about the potential risks associated with exposure to these PCBs and we're recommending practical, common sense steps to reduce this exposure as we improve our understanding of the science," says EPA Administrator Lisa P. Jackson.The EPA states that PCBs have a high range of toxicity and do not easily break down, remaining for long periods of time in air, water, and soil.  PCBs have a variety of effects on the immune system, reproductive system, nervous system, endocrine system, and have been shown to cause cancer.The EPA created website with information regarding PCBs, exposure control, and has set up a hotline (1-888-835-5372) for those seeking further assistance.  Local EPA PCB Coordinators are available to assist with PCB clean up and program enforcement. For more information, visit www.epa.gov/pcbsincaulk/. To view the EPA's press release on PCBs, click here.

October 29, 2009, 1:00 to 2:30 pm ET Learn more about Integrated Project Delivery, and how all stakeholders on a construction project can benefit from this process in AGC's upcoming webinar "Integrated Project Delivery (IPD): Why Owners Choose Multi-Party" on October 29 from 1:00 to 2:30 pm ET.Industry experts Phillip Bernstein and Martin Hague will explore the advantages and disadvantages of IPD from the Owner perspective, IPD best practices, and why Owners choose multi-party agreements.  All registrants will receive a free sample of ConsensusDOCS 300: Tri-Party Collaborative Agreement, and access to "IPD: Lessons from the Trenches" webinar recording ($179 retail value).For details and registration information, visit www.agc.org/ipdwebinar.  This program offers .2 IACET CEUs and 1.5 AIA/CES LUs.

75% Increase in Usage Since 2007 According to McGraw-Hill Construction AGC cosponsored a McGraw-Hill Construction SmartMarket Report titled "The Business Value of BIM," which estimates that 49% of the construction industry is now using BIM.  According to the report, "users [of BIM] gain bankable benefits that enhance productivity, improve their ability to integrate teams, and give them an edge on the competition."The 52-page report discusses the overall value of BIM, including internal business and project value, and BIM adoption.  It includes multiple case studies on the positive benefits of BIM.  The report predicts that BIM usage and proficiency will continue to increase, andthose businesses and users who embrace BIM more thoroughly will reap greater benefits. For the ENR Digital Wire article, click here. To view the McGraw-Hill Construction report, and related information, click here.

Join us January 20-22, 2010 in San Juan, Puerto Rico The AGC Building Contractors Conference will offer a chance to learn more about Lean Construction.  AGC will be debuting the Lean Construction Forum, which will include seven hours of content focused on all aspects of Lean Construction from definitions and culture to owner benefits and case studies.  You will also be briefed on the work of the AGC Lean Construction Advisory Group, including the development of a Lean Construction Curriculum.The conference will also include sessions on the business of safety, federal and legislative issues, green/sustainability, state of the surety industry and other topics important to your business.  With several networking opportunities, this Conference has something for everyone.Be sure to take a look at the free AGC Travel Assistance Guide to make travel to the Building Contractors Conference easier than ever.  Airfare and car rental discounts are outlined in detail in the guide, as well as non-stop and direct flight information from many major U.S. airports to San Juan.  For more information about the January 2010 Building Contractors Conference in San Juan, Puerto Rico, visit www.agc.org/bcc.  Sponsorship opportunities are available.

The Fall AGC BIMForum was held October 8-9 in Philadelphia, and attracted 250 attendees from all sectors of the industry, including architects, engineers, lawyers, contractors and subcontractors. More than 30 presentations were given over the two day conference, which included in-depth discussion of how BIM as a process and technology is improving the way buildings are designed and built.  The meeting featured cutting-edge practices, case studies, presentations and panel discussions that illustrated how the standard of care for how buildings are built is evolving.For more on the BIMForum, click here, or contact Dmitri Alferieff at (703) 837-5386 or alferieffd@agc.org.

On September 17, 2009, the House passed H.R. 3221, the Student Aid and Fiscal Responsibility Act of 2009, which authorizes more than $4 billion for elementary and secondary school facility projects over the next two fiscal years, and ensures that school districts will receive funds for school modernization, renovation and repairs that create healthier, safer and more energy-efficient teaching and learning climates. The bill allocates the same percentage of funds to school districts that they receive under Part A of Title I of the Elementary and Secondary Education Act, except that it guarantees each such district a minimum of $5,000. The bill also provides grants to states to help community colleges finance new construction, modernization, renovation and repair projects.While AGC supports the overall bill, it includes the same Buy American language as was included in the American Recovery and Reinvestment Act of 2009 (the Recovery Act).AGC has long-advocated for additional investment in school construction, as there is substantial opportunity for investment in upgrading and improving the unmet need for school construction and renovation, which is estimated to be $3.7 billion. The average age of a public school building is estimated to be over 40 years old, the same age that schools have been documented to deteriorate.The bill now moves to the Senate for consideration. AGC will urge Senators to support the bill without the onerous Buy American restrictions.For more information, contact Jim Young at (202) 547-0133 or youngj@agc.org.

AGC unveiled a new plan designed to revive the hardest hit sector of the economy, the nation's construction industry. The plan, "Build Now for the Future: A Blueprint for Economic Growth," is designed to reverse predictions that construction activity will continue to shrink through 2010, crippling broader economic growth.Federal action on the mix of new incentives, tax cuts, policy revisions and infrastructure investments outlined in the plan are needed to stem the dramatic decline in construction activity and employment taking place nationwide.  AGC's analysis of federal employment data found construction employment declined in 324 of 337 metropolitan areas between August 2008 and 2009.AGC released the plan during a news conference at a stalled construction site in Sparks, Nev., a city that lost 35% of its construction work force.  The news was covered by the Associated Press, Las Vegas Review-Journal, Miami Herald and San Antonio Express News, to name a few.  Local television stations covered the event as well.Read the plan and related information here. For details, contact Brian Turmail at (703) 837-5310 or turmailb@agc.org.

Engineering News-Record reports "These days, revenue is a deceiving gauge of market conditions. Many top contractors reported record revenue for 2008 and they expect to finish out this year with strong numbers as they consume backlog built up in better times. But as jobs won during the boom reach completion, the reality of today's troubled market is settling in, leaving large firms nervous about what late 2010 and 2011 could bring."To view this article, please visit ENR (username and password required).

According to a Wall Street Journal article, federal officials are trying to prevent commercial foreclosures from creating another economic downturn in the fashion that housing market securities have created.  Two looming problems in the commercial-mortgage-backed-securities sector are a cause for concern: bad underwriting, and the inability of owners to refinance loans.For the full article, please visit The Wall Street Journal (Subscription Required).