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This inaugural issue is sponsored by: |
Welcome to the Inaugural Issue of AGC's Construction Risk Insights Newsletter |
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AGC's latest newsletter, Construction Risk Insights, provides the most relevant information on existing and emerging risks impacting the construction industry. Leverage content on construction contracts, insurance and bonding, safety and occupational health, labor, environment, finance, tech, and more to enhance your risk management practices and project success.
The newsletter will be delivered to your inbox the third week of every month. However, you may opt out if you do not wish to receive it.
Limited ad space is available. If interested, please contact Heather McMillen at hmcmillen@thewymancompany.com.
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Registration for AGC's 2024 Surety Bonding & Construction Risk Conference Opens Tomorrow
January 29-31, 2024 | Bonita Springs Florida
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We're excited to announce that #AGCRisk2024 is just around the corner! This conference brings together some of the brightest minds, fostering dynamic discussions and propelling the industry forward. Last year was a sell-out, and we are
anticipating that to happen again this year. Registration opens tomorrow; be sure to register early to secure your spot.
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Learn How Tech Adoption is Driving 40% Lower Incident Rates | |
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Discover insights in a new industry report, 'Risk Data Uncovered: How Technology is Transforming Construction Risk Management.' Backed by comprehensive OSHA industry data, this study demonstrates the quantifiable impact technology has when it comes to safety on construction sites. Learn how tech-enabled contractors are leveraging data to significantly lower incident and days lost rates and rethinking construction risk management. Read the article to learn more about the data-driven findings that are unveiling the future of construction safety.
By Anthony Dietz, Head of Insurance | Procore Risk
Advisors, anthony.dietz@procore.com
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Two Silica Rules for Construction? | |
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On September 11, AGC, along with industry partners on the Construction Industry Safety Coalition (CISC), submitted comments on Mine Safety and Health Administration’s (MSHA) proposal to update its existing standards to better protect miners against occupational exposure to respirable crystalline silica.
While the CISC supports MSHA’s efforts to protect mine workers from overexposure to crystalline silica, the coalition requested that MSHA exempt construction activities conducted on MSHA sites. Construction activities are currently covered under the Occupational Safety and Health Administration’s (OSHA) final rule addressing exposure to crystalline silica. Having to comply with two different rules would be confusing, duplicative, and unnecessary, especially when compliance with the OSHA silica standard has proven effective for construction operations.
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ICYMI: 5-Part Webinar Series – Ten of the Safest Contractors in America |
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AGC and WTW have been working in partnership for over 30 years to administer the Construction Safety Excellence Awards (CSEA), the industry’s elite safety excellence awards program. The CSEA recognizes companies that have developed and implemented premier safety and risk control programs and showcases companies that have achieved continuous improvement and maintenance of their safety and health management systems. Click HERE to view the recently wrapped five-part webinar series highlighting the top 10 safest construction companies for 2023. Don’t miss this opportunity to hear how these companies developed award-winning safety, health, and risk management programs.
For more information,
contact Nazia Shah at nazia.shah@agc.org.
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AGC Releases Resources on Davis-Bacon Final Rulemaking
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U.S. Department of Labor (DOL) recently announced their massive final rule “Updating the Davis-Bacon and Related Acts Regulations.” The expected effective date is October 23, 2023. AGC of America was successful in paring down some of the more controversial proposals in the over 700-page rulemaking. Nevertheless, our preliminary analysis shows that more work will be covered under Davis Bacon than previously and that DOL still critically missed an opportunity to improve the wage determination process.
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AGC to White House: Don't Mess Up Permitting Reform | |
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At a September 11 public meeting, AGC shared its concerns and recommendations regarding the White House Council on Environmental Quality’s (CEQ) proposed Phase 2 revisions to the National Environmental Policy Act (NEPA) Implementing Regulations. AGC is concerned that the proposed revisions could complicate and prolong infrastructure projects, jeopardizing the potential benefits of recent legislative acts. Delays can increase project costs and even lead to abandonment. Efficiency is essential for timely community benefits, resilience, and economic strength.
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New Definition of Waters of the United States (Again!): Rule Status and Litigation Update
Revised rule continues to follow principles rejected by the U.S. Supreme Court
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As anticipated and reported by AGC, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers (agencies) revised their earlier 2023 definition of “waters of the United States” (WOTUS) on August 209. The agencies are calling it the “conforming WOTUS rule” – reporting that it conforms to the U.S. Supreme Court’s Sackett v. Environmental Protection Agency decision that struck down key aspects of the 2023 WOTUS rule. On the contrary, AGC and its coalition partners (see summary) find that the revised rule does not adequately comply with Supreme Court precedent, expressing disappointment that it makes only strategic cuts to the previous definition and warning that it remains legally vulnerable.
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AGC Recruits for Climate Change Working Group
AGC members and chapters welcome to participate
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AGC is currently recruiting for members and chapter representatives to participate in a new working group to discuss climate change and the construction industry and help advance relevant outreach and educational opportunities—applicable across the major construction markets (e.g., building, federal and heavy civil, highway and transportation, utility, etc.). The working group will meet routinely to ensure AGC is focusing on the most relevant developments in this area and providing the most appropriate and effective resources for member companies.
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Free Webinar Alert: A Comprehensive Overview of the Recent ConsensusDocs Updates
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Join our upcoming webinar at no charge to uncover the most significant contract changes, including consequential damages, delegated design, builder's risk property insurance, and consistency among prime and subcontract agreements. Discover the consensus revision process, understand how these updates compare to AIA standards and custom contracts, and gain valuable insights from owners, general contractors, subcontractors, and design professionals who contributed to the process.
Our expert speakers, a representative from the Construction Owners Association of America (COAA) and the Executive Director & Senior Counsel to the ConsensusDocs Coalition, will provide valuable perspectives on leveraging these updates and the importance of regularly reviewing and updating construction contracts in response to evolving technology, case law, insurance trends, and best practices.
See this related article for an overview of the comprehensive revisions to ConsensusDocs’ most used prime and subcontract agreements that address design-bid-build.
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Locate Information on State Laws Affecting Construction |
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The AGC/ABA Construction State Law Matrix is the most comprehensive and concise resource for quickly locating state laws affecting public or private construction projects. Updated annually by the ABA Forum on Construction Law, your subscription provides searchable information for all 50 states which can be easily sorted by state or topic area. More than 60 issues are covered, including licensing, liens, notice requirements, pay if paid, prompt pay, and prevailing wages. AGC members save 25%.
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New Resources and Contractual Tactics Address Wage Theft Laws That Are Spreading Across the Country
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A growing number of state and local governments have adopted wage theft laws that aim to ensure employees receive full compensation by creating severe penalties. These laws often target the construction industry and impose significant penalties for employers who “misclassify” workers or fail to comply with expanded recordkeeping and notice requirements. Wage theft laws can make general contractors liable for their subcontractors’ or temporary labor brokers’ violations, even if these violations were not reasonably discoverable by the general contractor. Consequences for violating wage theft law can be severe, including fines and even criminal penalties in extreme cases. Some states have upstream liability provisions that can make the project owner liable for wage theft violations. Also, some wage theft laws negate the enforceability of specific contract provisions, while others require certain provisions to be included in contracts.
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Webinar Series: Protect Yourself in Volatile Market - Get Paid, Mitigate Supply Chain Disruptions, Effective Contract Negotiations
September 21, 2023 | 2:00 PM ET
Webinar Series: One Year Later: The Inflation Reduction Act
September 26, 2023 | 2:00 PM ET
AGC Safety & Health Quarterly Townhall
September 28, 2023 | 2:00 PM ET
Webinar: Understanding New Build America, Buy America Requirements
October 4, 2023 | 2:00 PM ET
Webinar: Practical Guide to Davis-Bacon and Related Acts Final Rule
October 10, 2023 | 2:00 PM ET
AGC Mental Health & Suicide Prevention Forum
October 18, 2023 | 2:00 PM ET
27th Annual AGC/CFMA Construction Financial Management Conference
October 25-27, 2023
Webinar: Managing Risks and Opportunities: The Impact of Artificial Intelligence on the Construction Industry
October 26, 2023 | 2:00 PM ET
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