Based on the Construction State Law Matrix, AGC has updated maps showing which states, as well as the District of Columbia and Puerto Rico, permit Construction Management At-Risk (i.e. CMAR, CM At-Risk, CM@R, CM/GC, GC/CM, CMc) under state law for vertical and horizontal construction projects. Click here to view this free resource.
Originally written in 1999, a task force of AGC members updated and completed the AGC Guide to Construction Financing-Second Edition (PDF). This 26-page publication clearly explains the construction financing process and points out some of the opportunities and pitfalls for the contractor. It is intended to serve a reference to get contractors thinking about the risks associated with project financing.
www.ConsensusDOCS.orgConsensusDOCS offers a variety of free resources to help you conduct business, including detailed information on project delivery options and sample contracts.Articles - a variety of topics are covered including IPD, BIM, green building, federal subcontracting and much more, with new additions on a regular basisComparison Matrix - ConsensusDOCS/AIA/AGC, helps you convert from AGC or AIA documents to ensure you get the proper ConsensusDOCS documentConsensusDOCS Guidebook - assists you with completing contract documentsContract Catalog and Product Brochure - helps you determine the proper contract documents for your projectCopyright Licenses - provides you with free use of ConsensusDOCS for educational purposesExcerpted Sample Contracts - for complete samples email Info@ConsensusDOCS.orgLegal Comparisons - articles and matrices that compare ConsensusDOCS, AIA and EJCDC contract clausesOwners Brochure - helps you inform Owners why their project needs ConsensusDOCSPodcasts/Audio Recordings - issues include Green Building, Federal Subcontracting, Subsubcontracting, with more to comePress Releases - so you know the latest news from ConsensusDOCSVisit the ConsensusDOCS Web site to download these free resources and more at www.ConsensusDOCS.org.ConsensusDOCS are the only standard contract documents written by a coalition of 28 leading construction industry associations, including ÃÛÌÒµ¼º½ of America.AGC members receive a 20% discount on all ConsensusDOCS products. Purchase at www.ConsensusDOCS.org and use Partner Code "AGC" and Promotion Code "100".For more information, contact Megan McGarvey at (703) 837-5369 or mcgarveym@agc.org.
The ConsensusDOCS 725 - Agreement Between Subcontractor and Subsubcontractor is the only standard subsubcontract available. Rather than simply using a purchase order or trying to alter a subcontract, the ConsensusDOCS 725 was specifically designed to address the unique characteristics of subsubcontracting. This straightforward, six-page agreement provides an ideal base for the somewhat simpler subsubcontracting relationship. It includes essential provisions addressing issues such as safety, change orders, payment, indemnity and much more. It coordinates important flow-down clauses and incorporates similar terms to upstream agreements. The ConsensusDOCS 725 also contains flexible provisions for the incorporation of exhibits to address scope of work, schedule, insurance and other subjects.While modified to address the special needs of subsubcontracting, the new subsubcontract document is still based upon the risk allocation philosophy found in the rest of the ConsensusDOCS family. The ConsensusDOCS subsubcontracting agreement, as well as every document in the ConsensusDOCS family, was developed through a collaborative effort of a team of professionals representing every part of the construction process, including designers, owners, contractors, subcontractors and surety professionals. ConsensusDOCS are the only standard contracts written by a coalition of 28 leading industry associations, including AGC.All project stakeholders affected, directly or indirectly, by subsubcontracting practices would benefit in using the new ConsensusDOCS 725 Standard Subsubcontract Agreement.All AGC members receive a 20% discount on all ConsensusDOCS documents. Purchase at www.ConsensusDOCS.org and use Partner Code "AGC" and Promotion Code "100".For more information, contact Megan McGarvey at (703) 837-5369 or mcgarveym@agc.org.
The 2011 AGC Building Contractors Conference will be held September 21-24, 2011 at the Westin La Cantera Resort in San Antonio, Texas. Registration will open in Spring 2011. Don't forget to mark these dates down on your calendar
Free DownloadsThe ConsensusDOCS Guidebooks have been updated and are available as free downloads at http://consensusdocs.org/catalog/consensusdocs-guidebook/.The Guidebooks include comments from individual associations to its own membership on specific contract documents, highlighting provisions and alerting members to special requirements.  The overview sections highlight issues and innovative features of the documents in general.ConsensusDOCS contracts covered in the release of this Guidebook (others will be added later) include the following, and appear in the following order:  200; 200.1; 200.2; 205; 220; 221; 235; 240; 300; 301; 410; 415; 500; 510; 710; 750; 752 and 803; and the bond forms collectively.ConsensusDOCS are the only standard contract documents written by a coalition of 28 leading construction industry associations, including ÃÛÌÒµ¼º½ of America.AGC members receive a 20% discount on all ConsensusDOCS products. Purchase at www.ConsensusDOCS.org and use Partner Code "AGC" and Promotion Code "100".For more information, contact Megan McGarvey at (703) 837-5369 or mcgarveym@agc.org.
The U.S. Environmental Protection Agency (EPA) released new "guidance" materials on the practices a contractor "should" follow when conducting the renovation, repair and/or abatement of buildings that have polychlorinated biphenyl (PCB)-containing caulk. Contractors responsible for such activities also must clearly understand the regulatory requirements, and are encouraged to consult the EPA or environmental professionals experienced with PCB cleanup activities.EPA has learned that caulk containing PCBs was used in many buildings, including schools, during building construction, renovation or repair from the 1950s through the late 1970s. PCBs are regulated under the Toxic Substances Control Act (TSCA), which gives EPA the authority to develop, implement and enforce rules concerning the use, manufacture, cleanup and disposal of PCBs. Note that EPA does not address worker health and safety or workplace exposure; such matters are regulated by the Occupational Safety and Health Administration (OSHA).The PCB regulations (40 CFR Part 302 and Part 761 can be found at http://ecfr.gpoaccess.gov under "Title 40 - Protection of the Environment") define the "generator" as being responsible managing PCB wastes. The "generator" is considered the party that owns the material. For most construction projects, multiple parties will be involved; all may be liable if the PCB-related requirements are not followed. Currently, EPA is conducting research on how the public is exposed to PCBs in caulk and on the best approaches for reducing exposure and potential risks associated with PCBs in caulk. Earlier this year, EPA published an Advanced Notice of Proposed Rulemaking (ANPRM) that proposes measures to more strictly regulate PCBs and accelerate the phase-out of PCB equipment and other uses that are currently authorized.For more information on PCBs, including cleanup requirements, sources of PCBs, and EPA resources and future rule-making, please click here or contact Leah Pilconis at pilconisl@agc.org.
AGC of America has transformed the Project Delivery Committee into the Project Delivery Forum. This new forum will provide opportunities for AGC members and chapter staff to be informed of and participate in the association's initiatives related to project delivery issues and best practices.The inaugural Project Delivery Forum Steering Committee will be chaired by Doug Maibach of Barton Malow. The Steering Committee also includes 11 other members representing a diverse group of AGC's membership. Tim Sinclair (Pal's Glass/Sinclair Masonry) is a member of the AGC Specialty Contractors Council Executive Committee and is serving on this steering committee.Unlike the old committee structure, AGC members do not have to be appointed to the Forum, and instead simply request to be added. Members can sign-up via their online AGC profile. Letters have been sent to the members of the Project Delivery Committee informing them that they have been automatically enrolled in the Forum. All AGC members and chapter staff are eligible and encouraged to participate at all levels of the Forum.If you have any questions about the Forum, please contact Mike Stark, Senior Director, Building Division at starkm@agc.org or (703) 837-5365.
The U.S. Environmental Protection Agency (EPA) has abruptly decided to abandon the first nationwide numeric limit on the amount of sediment that can cloud the water running off of construction sites. Citing evidence that both AGC and the National Association of Home Builders (NAHB) included in their comments on EPA's original proposal - and in direct in response to a lawsuit that NAHB subsequently filed - EPA has admitted that its new "Effluent Limitations Guidelines"  for the "Construction and Development Industry" (C&D ELG) are fundamentally flawed. Click here to read the August 13 motion that EPA filed with a federal court of appeals asking it to declare that its numeric turbidity limit is void and to send that limit back to the agency for reconsideration. EPA also has asked the court to put the pending lawsuit on hold until it completes the rule review process.Courts of appeals generally prefer to allow agencies to correct their own mistakes rather than wasting the courts' and the parties' resources reviewing an admittedly incorrect rulemaking record. In this instance, EPA has concluded that it improperly interpreted the data underlying the numeric limit it adopted. All parties to the pending lawsuit agree that EPA's request to vacate and remand the rule is appropriate. However, the other requirements of the ELG remain in effect: The rule also specifies the exact types of erosion and sediment controls that contractors must use, at a bare minimum, to control stormwater runoff on all construction sites that disturb one or more acres of land.Over the next 18 months, EPA plans to re-examine its numeric turbidity limit through a "narrowly-tailored notice-and-comment rulemaking and, if necessary, revise [it]." EPA will gather and review additional materials, including the applicability of the numeric limit to cold weather sites and to small sites that are part of a larger project. EPA also may take further action specific to linear gas and electric utility projects. EPA is expected to issue interim stormwater management guidance for construction site operators as the agency works to refine the rule.Throughout the rulemaking process, AGC worked with and supported NAHB, contributing to the research that ultimately formed the foundation for the lawsuit. AGC and NAHB also combined forces to submit detailed comments demonstrating that EPA had significantly underestimated the cost and impact of a nationwide numeric turbidity limit. Independently, AGC also participated in the small business review of the originally proposed limit, and AGC continues to coordinate with the Small Business Administration - which has also called on EPA to reconsider its numeric turbidity limit.For more information, please visit AGC's Environmental Observer here.
The 2011 AGC Building Contractors Conference will be held September 21-24, 2011 at the Westin La Cantera Resort in San Antonio, Texas. Registration will open in Spring 2011. Don't forget to mark these dates down on your calendar!