July 26, 2010

Continue to check our website www.agcmass.org for the most up-to-date information about our upcoming programs and events 

MCAP Contributors 

All MCAP-contributing firms will receive 50% reimbursement of their registration fees for some educational programs - up to a maximum of $2000 per program, after full registration is paid to AGC.  Attendance is required for reimbursement.

Subcontractor Prompt Pay legislation moves through House and Senate; AGC Board to Review new compromise version

On July 8, House Bill #4721, a new two-page bill filed by the Associated Subcontractors of Massachusetts (ASM) in April passed the House on a voice vote. It is now in the Senate where it is expected to be taken up this week. The bill prescribes legislatively mandated language on pay applications, payment flow, and unapproved change orders on all privately funded construction project. The bill applies to owners and contractors all the way down the construction chain to the lowest tier subcontractor. Click here to get the full story.

Members in the news

Congratulations to John Tocci, who was recently recognized by the Construction Institute at U Hartford with the Distinguished Achievement Award for his exceptional level of professional achievement in service to the design and construction industry and for the noteworthy impact he has had on the AEC community nationwide. 

John was chosen to received the award along with Scott Simpson, FAIA, LEED AP of
KlingStubbins and Phil Bernstein, FAIA, LEED AP of Autodesk, Inc. for their outstanding
leadership on the first IPD project in New England and the subsequent work they have done together to help lead the industry toward greater collaboration and more efficiency through IPD, VDC and BIM.

Dick Hanson Appointed AGC Representative to State Designer Selection Board
AGC Executive Committee selected Richard J. Hanson, Daniel O’Connell’s Sons, as AGC’s next representative on the Commonwealth’s Designer Selection Board (DSB). There was a
vacancy due to the expiration of the second two-year term of Mary Anne Williams, Skanska USA Building.  It has been customary for the AGC representative to serve for two-two year terms.

Congratulations to members CM&B, Consigli and Skanska USA Building for being voted
Best Places to work by Boston Business Journal in their appropriate classification.

Safety Award Winners
At the recent 75th Annual Meeting, AGC recognized 59 Companies for their safety efforts during 2009.

Pictured: Brian Driscoll, AON Risk Services, John Kruse, Sea-Dar and Mike Cusack, AON

See the complete list of safety award winners and photos by clicking here.   

Annual AGC Golf Classic a big success Weather-wise it was a strange day, but we had no doubt that it would be a perfect golf day because it never rains at Pleasant Valley.  With over 90 players on the links a good time was had by all.  And the winners were:

1^st place: Brian Healy, Brian Healy, Jr., Brian Brown and Rich Tamulionis, Charter Environmental

2^nd place: Troy Purington, Larry Furey, Griff Richard and Scott Sansoucie, EnviroVantage

3^rd place:  Keith Corneau, Chip Martin, United Steel, Peter Russell, Willis and Don Vallieres AGC

Closest to the pin: Jay Cahallane, McGraw-Hill Construction

Longest Drive:  Keith Corneau, United Steel

Accurate Drive:  Bruce Clifford, Jones Lang LaSalle

AGC thanks the Golf Classic Corporate Sponsors
A very special thank you goes to our corporate sponsors.  It is because of their generosity we have been able to develop various programs and events to the level they are today. This event  also assists AGC in replenishing the coffers of the AGC Education Foundation. Scholarships are given out each year to deserving men and women pursuing a construction-related course of study. 

Gilbane Building – Platinum Sponsor  

McGraw-Hill Construction
Skanska USA
United Steel
Bodoff & Associates, P.C.
DiNicola, Seligson & Upton LLP
Holland & Knight LLP
Murtha Cullina LLP
Eastern Insurance Group
Hinckley Allen & Snyder LLP

Public project information

Fordyce vs Town of Hanover rule comes down from MA SJC
The Massachusetts Supreme Judicial Court has ruled that Awarding Authorities enjoy
wide discretion under the public bidding statutes to award projects to contractors that
misrepresent their qualifications, so long as the Prequalification Committees do not act
corruptly in prequalifying the contractors and do not rely on the contractors’ alleged
misrepresentations to their detriment. 

At issue was the Town of Hanover’s refusal to adhere to an Attorney General directive on
two occasions last October and November not to award the GC contract to Callahan on a high
school project after allegations of fraud were made with Callahan’s Statement of
Qualifications during the RFQ stage of the project. Once fraud was proved by the AG, the
town still continued with the award and the commencement of work.  AGC thought it
appropriate to file an Amicus Brief with the Supreme Judicial Court in March to uphold a
standard for prequalification processes across the state.  The offices of the AG, IG and CIM,
UCANE and ABC all filed appropriate responses to the SJC. Thanks to Tony Starr, Esq.., Mintz, Levin,Cohn, Ferris, Glovsky and Popeo, P.C., for furnishing AGC the decision, included here for your information.

MA School Building Authority on target financing the K-12 projects
Thus far in calendar year 2010, the MSBA is helping to fund approximately $1.6B in projects, serving over 28,600 schoolchildren, and creating more than 6,200 construction-related employment opportunities. None of this construction is funded by direct federal construction grant assistance or stimulus, and the MSBA share is supported by your dedication of one penny of the state's sales tax to the MSBA.  View chart of upcoming projects.

Labor

Wage Rate Allocations for Laborers and other trades available here.
Click here to view wage rate allocations for Laborers, Iron Workers, Bricklayers, Marble & Terrazzo and Carpenters beginning June 2010  

Electronic Labor Handbook available from AGC of MA
AGC has published a unique handbook – a compilation of 21 labor agreements along with
important Labor Bulletins, a “how-to” for a Dual Gates process, and important contacts for
many of the key labor agents in the area.  This searchable, electronic handbook gives
members easy access to all areas of the included 21 agreements.  Rather than thumbing through pages, hit search to find the answer to your question.  The handbook is available to members only for purchase. Subscribe here.

AGC-NCAII Meeting for New England Collective Bargaining Chapters to Take Place August 4 
 On August 4, AGC of America will hold a New England Regional Meeting with the National
Construction Alliance II (NCAII) – a partnership of the Carpenters and Operating Engineers international unions – in Boston.  Chapter executives, labor relations directors, and union-contractor members from AGC of Connecticut, AGC of Massachusetts, and Rhode Island. Chapter AGC's are invited to attend.

Carpenters President Doug McCarron, Operating Engineers President Vince Giblin, and NCAII Executive Vice President Ray Poupore, along with their regional and/or district leaders, Chairman Jim Clemens of AGC’s national Union Contractors Committee and staff associate Denise Gold will also attend. The meeting will take place at the New England Regional Council  of Carpenters new headquarters building in Dorchester, starting at 10:00 a.m. and concluding by 2:00 p.m., with lunch provided.  No fee will be charged.  Read More

Notice to All Member Contractors and Subcontractors Performing Work under a Federal Contract EXECUTIVE ORDER 13496: NOTIFICATION OF EMPLOYEE RIGHTS UNDER FEDERAL LABOR LAWS  regulation in effect as of June 21, 2010
Federal contractors and subcontractors are required to inform employees of their rights under the National Labor Relations Act (NLRA), the primary law governing relations between unions and employers in the private sector. See 29 CFR Part 471. The notice, prescribed in the Department of Labor's regulations, informs employees of Federal contractors and
subcontractors of their rights under the NLRA to organize and bargain collectively with their
employers and to engage in other protected concerted activity. more

DOL Updates Web-based Compliance Tool to Help Employers Understand and Comply with Laws 
Recently, the U. S. Department of Labor (DOL) announced the addition of new and revised Employment Laws Assistance for Workers and Small Businesses (elaws Advisors) used to help employers and employees understand federal employment laws.  According to Labor Secretary Hilda L. Solis, "the new online advisor harnesses technology to help take the mystery out of the new rules."  The new tools address H-1B classified workers, union elections, disability non-discrimination laws and veterans' assistance.  Read More 

Legislation/Regulations

AGC explores new federal rules for stormwater runoff from sites
The U.S. Environmental Protection Agency (EPA) recently finalized new stormwater
requirements that will impact nearly every construction and development project in the
United States.  Penalties for violating these “Construction and Development Effluent
Limitations Guidelines” (C&D ELG) may reach $37,500 per day per violation.  Are you
prepared?  Read More 

New Health Care Law Requires Accommodations for Nursing Mothers; May Pose Challenge for Construction Industry 
 A provision of the Patient Protection and Affordable Care Act of 2010 (PPACA) requiring
employers to provide a private location for nursing mothers to express breast milk may have flown under the radar for many employers.  The requirement amends Section 7 of the Fair Labor Standards Act (FLSA) and may pose challenges for many construction companies with nursing mothers working on a construction jobsite.  While many portions of the PPACA have specific effective dates, this portion does not and employers must comply with the requirement immediately. Read More

First Set of Final Recovery Act Rules Released 
Three of the five rules from the Federal Acquisition Regulation Councils that govern the
American Recovery and Reinvestment Act were released last week. Final versions of the
rules governing GAO/IG access to contractors and their employees, whistleblower protections, and publicizing contract actions now permanently govern Recovery Act contracts. Read More  

IRS Asks Employers to Answer 401 (k) Questionnaire; Employers Should Proceed With Caution 
 In an effort to increase voluntary compliance, the Internal Revenue Service (IRS) recently
announced that it began randomly questioning 1,200 sponsors of 401(k) plans as a part of a
compliance check program administered by its Employee Plans Compliance Unit.  Sponsors of
the selected plans were expected to receive a letter that was mailed the week of May 17,
2010, describing the program and directing them to a secure website where they will have 90 days to complete an online compliance questionnaire.  The IRS says it will use the information gathered for education, outreach and enforcement actions. Read More 

IRS Releases Updated HIRE Act FAQs and Revised W-2 & W-3 Forms for Employers 
In response to the Hiring Incentives to Restore Employment (HIRE) Act, a new law created to encourage employers to hire workers who were previously unemployed for at least 60
days immediately prior to hiring, the Internal Revenue Service (IRS) has issued revised 2010 W-2 and W-3 forms, along with an updated list of frequently asked questions (FAQs) for employers. Read More 

Economy

Business conditions begin to improve in the northeast according to AIA Billings Index 5/10
In spite of May’s lower score (under the magic “50”, which indicates growth) some regions of
the country have begun to experience billings growth. Firms in the Northeast reported a
score above 50 for the second month in a row in May, while firms in the Midwest are nearing
expansion with scores in the upper 40’s, an impressive recovery from the extremely dire
business conditions they experienced in late 2008 and early 2009. However, business
conditions remain tough for firms in the West, which may well be the last region to
experience billings growth.

Reed Data shows improvement
Reed Construction Data (RCD) announced today that the year-to-date value of construction starts through June, excluding residential contracts, totaled $126.4 billion, 13.0% more than in the same months of 2009. Individual month of June starts were 2.9% higher than in May. This is a little more than the usual seasonal gain in June. The value of starts has now been steady for four months after allowing for seasonality. Current starts are 46% above the low point last June but remain 25% below the pre- recession peak. The value of starts is expected to be about steady in the coming months and then begin to rise at the end of the year.  more 

Items of Interest

New Lead Rule program at AGC   The new Renovating, Repair and Painting certification course was held at AGC recently. Although the EPA had set a date for enforcement of the new Rule in April, the date has been moved to October 1, 2010 to accommodate the lack of certified instructors to run the programs. Renovators must complete the training by December 31, 2010. AGC will be running another program in the fall.  Watch for further details. 

New workers’ comp rates set
The Division of Insurance has approved the attached rates for all new and renewable policies on or after September 1, 2010 for the construction industry.  Although the overall industry average indicates a decrease of .87%, or $9.57 as a dollar average for 2010 versus $9.66 in 2009, there are fluctuations within the industry classifications ranging from -25% to +21%.  A seventeen-year period, during which there have been eleven rate changes, is included in the attached chart for a historical comparison.

We wish to acknowledge the following Associate member firms for providing this timely information for our members - The Driscoll Agency, The Protector Group Insurance Agency and Eastern Insurance Construction Division. For more details, you can click on the attached link to the Workers Compensation Rating and Inspection Bureau of MA - www.wcribma.org.

Insurance/Bonding/Risk Management Bulletin
Here is a recent article that was part of a Construction Law Series program here at AGC. 
Due to its subject matter that may present an unforeseen risk in green building projects and
LEED certification, AGC thought it would pass this information along to our members who
may be performing this type of work.  Although this article appeared in a Canadian
publication, the incident referenced in this article occurred in Maryland.  more 

Online Awards Submission Site Launches for 2011 Build America Awards www.agc.org/awards 
 AGC’s Aon Build America Awards showcase the best construction projects and have for
decades. Now your members can submit their entries for Build America ONLINE!!  AGC has
created and launched a new awards submission site which will allow members the capacity to build their submissions over time, pay online and upload supplemental materials. Members can prepare their project with our 2011 submission primer. Read More 

Constructor Searches for Outstanding Safety Programs 
Constructor magazine is planning to highlight exemplary safety programs hosted by AGC
Chapters. Does your safety program have a long and successful track record, record-
breaking participation, or other outstanding accomplishment? If so, contact Monica Cardenas at cardenasm@agc.org to nominate your program.

Wentworth announces MS in CM for Fall 2010
Wentworth Institute of Technology today announced it has received approval to offer a
Master of Science in Construction Management (MSCM) in fall 2010. This professional degree
program is designed to educate construction professionals in advanced management
principles and in construction management (CM) issues, topics, and practices. Graduates of the program will be prepared to assume advanced managerial and leadership positions in construction-related careers.

Calendar of Events

Registration
To register for any of the AGC programs, you must go to www.agcmass.org and click on the date of the program. Unless noted otherwise, sessions are held at the AGC Conference Center in Wellesley.

August

Aug 11 - 7:00 AM - 6:00 PM
OSHA 10-Hour Training Course with Chris Ziegler.

Aug 24 - 7:00 AM - 6:00 PM
OSHA 10-Hour Training Course with Chris Ziegler.

September

Sep 7 - 7:00 AM - 6:00 PM
OSHA 10-Hour Training Course with Chris Ziegler.

Sep 13 - 8:30 AM - 4:30 PM - NCSH 406 Scaffold Users Course

Sep 21 - 7:00 AM - 6:00 PM
OSHA 10-Hour Training Course with Chris Ziegler.

Around Town

Wentworth raising money to create MS in Construction Management Golf tournament slated for September 27 All proceeds from Wentworth’s golf tournaments will go toward helping to launch a new Masters program in Construction Management beginning next month.  The goal for their two golf tournaments is to raise $40,000 to provide the start-up capital needed to launch this program. Wentworth is asking for sponsorship assistance from the industry to make this program a reality.  The second tournament will take place on September 27th at Granite Links Golf Club in Quincy, MA.  Click here for additional information and to register.

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Welcome New Members

Subcontractors

Alpine Environmental Inc. Chelmsford, MA
Contact: Ronald Peik, President
Services 
Residential and Institutional Lead Paint Abatement, with restoration services

Brand Energy Services   Andover, MA
Contact: Jon Jordan
Services:
Provider of specialty multi-craft industrial services to the North American downstream energy infrastructure market.

Sitecon Corporation   Cranston, RI Contact: Ronald Parrillo
Services:
SITECON performs a variety of environmental remediation and demolition projects in the industrial, commercial, institutional and residential markets.

Associates

Duane Morris, LLP Boston, MA
Contact: Michael Donahue
Services:  Full service law firm with practice focused on construction law.

LeClair Ryan
Boston, MA
Contact: Andrew Daniels
Services: LeClair Ryan is a law firm that provides business counsel and client representation in matters of corporate law and high-stakes litigation.

Simpson Gumpertz Heger
Waltham, MA
Contact: John Karras
Services: SGH is a national engineering firm that designs, investigates, and rehabilitates structures and building enclosures.

All Members are welcome

AGC/BSA/ABC/IPD
Sept 1 - 8:00 - 9:30 AM at the BSA, 52 Broad St., Boston. Watch for further details

Sponsorship Opportunities Available 

Enews

Educational programs

Contact Mary Gately gately@agcmass.org