News

Monday, July 27 - 4:00-5:00pm ETJoin AGC and The Family Business Institute for a free webinar and learn how you can better your business and life through lessons learned from a case study done by the Harvard Business Review.In this one hour webinar, gain insight from other CEOs on:Business Development - from hiring the right people to setting and achieving goalsMarketing Planning - a subset of your overall business plan and what works best for the construction marketSupporting Business Development and Marketing - what else should be top priorities in a tough marketTo learn more and register for this free webinar click here!

"Turning Points in Construction" - July 23, 2009 - 2:00-3:30pm (EDT)The 2009 Market Insights Series, presented by Reed Construction Data, the Associated General Contractors of America (AGC) and the American Institute of Architects (AIA), is a free quarterly webcast series delivering the most up-to-date information on current and forecasted construction activity.Join expert economists Jim Haughey, Ken Simonson and Kermit Baker for "Turning Points in Construction," a free 90-min. webcast focused on the key factors affecting the recovery of the construction industry.

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In recent weeks, the Department of Homeland Security (DHS) has begun fulfilling its promise of investigating employers who hire illegal workers by initiating two major steps: conducting audits of employers' I-9 forms and preparing for increased monitoring of the E-Verify System.As mentioned in the AGC article DHS to Focus on Prosecuting Employers Who Hire Illegal Workers, the Immigration and Customs Enforcement Division of DHS (ICE) has notified several hundred companies of the intent to audit their I-9 forms.  Employers chosen for the administrative audit received a Notice of Inspection (NOI) with instructions to present all original I-9 forms and supporting documents within three (3) days along with the company's hiring records.  According to a July 1 press release, ICE issued these notices to 652 businesses nationwide, compared to 503 notices issued in all of 2008.  In the press release, ICE identified the 652 employers as those resulting from "leads and information obtained through other investigative means."  Review AGC's Seven Critical Steps for Surviving an I-9 Audit for guidance once an NOI is received.ICE isn't the only division of DHS tasked with handling employer relations when it comes to immigration compliance.  The U.S. Citizenship and Immigration Services division of DHS (USCIS) has announced its plans to use a new system to monitor the use of the E-Verify system.  The new Compliance Tracking and Management System (CTMS), which is intended to alert employers of potential issues and misuse of E-Verify in order to correct any deficiencies, will be used to identify such things as the fraudulent use of Alien numbers, wrongful employee terminations due to tentative non-confirmations, verification of applicants instead of employees, verification of only some employees and failure to use E-Verify consistently, to name a few.  Although USCIS does not have the authority to investigate and prosecute employers or workers based on its findings through CTMS, USCIS may share the information it gathers with ICE as well as other law enforcement agencies in order to build a case against an employer.Employers are encouraged to be proactive in developing a system for using E-Verify before a circumstance arises.  A first step is to review the basic guidance provided by USCIS with expert counsel to outline a specific set of best practices, such as:·        Providing E-Verify basic compliance training and I-9 training for all E-Verify users;·        Running and evaluating reports on E-Verify use on a regular basis and sharing the information with an individual who is not involved with E-Verify operations;·        Having outside auditors and legal counsel review the process to assess exposure and concerns;·        Establishing and maintaining safeguards to prevent use of the E-Verify process for unlawful discrimination;·        Creating and implementing procedures for handling a possible E-Verify review by USCIS, including contacting legal counsel; and·        Conducting integrated, annual I-9 and E-Verify internal audits.As immigration enforcement and monitoring becomes a more pressing concern for companies across the country, it is important for employers to become aggressive in developing and executing Best Practices for staying compliant with current immigration laws.Some information in this article is provided by Greenberg Traurig, LLP. For more information, contact Denise Gold at (703) 837-5326 or goldd@agc.org.

At the end of June, the U.S. House passed H.R. 2454, the American Clean Energy and Security Act, by a vote of 219 to 212 (8 Republicans supported the bill, and 44 Democrats voted against it).  While elements of the legislation could create jobs by inducing demand for energy efficiency improvements to buildings and alternative energy generation, no one is certain of the true impact on the economy.  AGC believes that the bill goes too far too fast and that Congress has not adequately mitigated the impacts.Policymakers have acknowledged that the "cap and trade" program in the bill would increase electricity costs with varying regional effects.  A climate change cap and trade bill would significantly increase the cost of energy used in producing construction materials and powering construction equipment.  The bill also includes provisions giving free rein to the U.S. Environmental Protection Agency to regulate small stationary emitters and to implement standards for a variety of mobile sources used in construction, including new heavy duty trucks and off-road equipment.  The increased costs and new regulations would ultimately decrease demand for construction at a time when the U.S. economy can least afford it, especially when one in every five unemployed workers is a construction worker. AGC appreciates the response by individuals in the construction industry that answered the call to action and sent over 2,000 messages to Congress in opposition to the bill.  The legislative debate will move to the Senate where a vote could occur as early as September. The Senate will likely refer to, or use, the House bill in drafting their legislation.  Meanwhile, the Committee on Energy and Natural Resources approved the American Clean Energy Leadership Act (ACELA) on June 17, 2009.  Some of the ACELA provisions are similar to the House bill, but it does not yet address cap and trade of greenhouse gases, which the Senate Environment and Public Works Committee may consider as early as this month.  The resulting legislation from the Senate will need to secure passing votes in both houses of Congress before a final bill is sent to President Obama to sign.AGC urges all members and Chapters to weigh in with their Senators and urge them to oppose the House bill as written.  For more information and to send a letter to your Senators, please use AGC's Legislative Action Center.  For more information, contact Karen Lapsevic at (202) 547-4733 or lapsevick@agc.org.

On June 26, 2009, the U.S. Citizenship and Immigration Services (USCIS), a division of the Department of Homeland Security, announced that the current Form I-9 will continue to be valid for use beyond its expiration date of June 30, 2009.Although the current form has the expiration date printed in its upper, left-hand corner, USCIS is in the process of seeking approval for continued use of the form.   Until then, employers may continue to use the expired form in its current format.  After approval and once a new form has been created with a new expiration date, employers will have the option to use either form, as long as it displays the revision date of February 2, 2009, which is printed in the bottom, right-hand corner of the form.As of April 3, 2009, all U.S. employers must use the February-revised Form I-9 to verify the employment eligibility of newly hired employees and employees with expiring employment authorizations.  This mandate was originally scheduled for implementation on February 2, 2009, but was delayed in response to a request from the new Administration to allow time for further review.Additional information and a copy of the Form I-9 can be found on the USCIS website.

June 24, 2009 from 1:00 - 2:30 pm ESTBuilding Information Modeling (BIM) is a powerful tool that is transforming the design and construction industry.  Owners, Architects and Contractors are tapping into BIM as a competitive advantage to increase project efficiency and improve overall results.  The biggest obstacle for many, however, is navigating the legal issues involved with BIM.Join us June 24, 2009 to hear firsthand from an Owner, Architect and Contractor on how they have dealt with the legal ramifications of moving into a 3-D world of design and construction and how the ConsensusDOCS 301 BIM Addendum addresses these risk allocation and administration issues as the first standard BIM contract document.Key Topics:BIM: What is it and how you can take advantage of it?What are the legal risks involved with BIM and how you can address them?The Top Ten Myths associated with BIMSpeakers:E. Davis Chauviere, AIA - HKS, Inc.Jan Reinhardt - ADEPT Project DeliveryCharles G. Hardy - United States General Services Administration (US GSA)Moderator:  Brian Perlberg, Esq. AGC of America and ConsensusDOCSPlease visit www.agc.org/BIMweb for registration information.

Specialty Contractor Working Group to MeetJoin other specialty contractors, general contractors, architects, engineers, attorneys, and owners May 28-29 for the Spring 2009 AGC BIMForum in Dallas, TX.  The Spring AGC BIMForum will be an assembly of some of the nation's leading construction professionals for a two-day program focused on BIM and the bottom line.Topics to be covered include: The economy of BIM - What is the current state? What savings already exist? How can you increase efficiency?Measuring and optimizing first cost, cost to complete and life-cycle costs.Owner's perspective on BIM and how to achieve goals through scenario-based planning design and budgeting. Click here for more information and to register for the Spring AGC BIMForum.  To get involved with the AGC BIMForum, please visit www.bimforum.org.

June 10-13, 2009 in Hot Springs, VAHow are owners and contractors addressing their needs in today's economy?  How can your firm maintain competitiveness in this market?  The AGC Building Contractors Conference to be held June 10-13, 2009 at The Homestead in Hot Springs, VA will bring together members of the AGC building construction community to hear presentations and discuss how best to guide their firms through these challenging economic times. This Conference will address many important topics, including contingency planning, taking advantage of hidden market opportunities, the stimulus, federal labor law changes, and strategies on how to come out on top.  Discussions on industry trends such as BIM, green construction, and IPD, as well as multiple networking opportunities make this a Conference you don't want to miss.Who should attend: building construction professionals, owners, specialty contractors, service and supply firms, and anyone who wishes to contribute to the industry and benefit from valuable guidance and best practices.  For more information and to register, visit www.agc.org/homestead. Interested in sponsoring the AGC Building Contractors Conference and showcasing your firm before owners and leaders of this market? See "Sponsors" tab here for available sponsorship opportunities!

The federal government has agreed to even further delay implementation of the E-Verify rule for federal contractors.  Contracts and solicitations issued prior to June 30, 2009, will not contain the mandate.  The Federal Acquisition Regulation (FAR) Council issued the final rule on November 14, 2008, requiring contracting officers to mandate contractor use of E-Verify in solicitations issued and contracts awarded after January 15, 2009.  In response to a legal challenge to the rule, the government agreed to suspend the rule until February 20 and again until May 21.  The plaintiffs in the lawsuit requested the extension after President Obama's Chief of Staff Rahm Emanuel issued a memorandum directing federal agencies to consider extending by 60 days the effective dates of all regulations already issued but not yet in effect, in order to allow the new Administration a chance to review any "questions of law and policy raised."Click here for a list of Frequently Asked Questions (FAQ's) for Federal Contractors & E-Verify.  Visit the AGC Web site for critical components of the final rule.  For more information, contact Marco Giamberardino at (703) 837-5325 or giamberm@agc.org.