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www.agc.org April 2, 2013
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Affordable Care Act Resources Now Available to AGC Members
Provides Compliance Resources, New and Relevant Information

Implementation of the Affordable Care Act (ACA) has been challenging for many employers.  To offer assistance to construction employers, AGC has dedicated a page on its website to providing compliance resources on the ACA.  The members-only page includes links to white papers, a webinar and government resources.  AGC will update the page routinely as new and relevant information becomes available. AGC has been working with the law firm of Seyfarth Shaw to make ACA-related information readily available to members.  With one of the largest employee benefits groups in the country, Seyfarth Shaw has assembled a cross-departmental team that is focused on how the passage of health care reform will impact businesses in various types of industries.  As a result, the team has issued a number of “Client Alerts” to keep employers up to date on the latest regulatory guidance regarding the ACA.  AGC has made all of Seyfarth Shaw’s relevant alerts available on its dedicated ACA webpage. Read more.

Videos and Photos Now Available Online from AGC's 94th Annual Convention
Palm Springs, Calif.

2013 AGC President Paul Diederich Addresses Membership at 94th Annual Convention (Video)

At our 94th Annual Convention in Palm Springs, Calif., AGC of America was thrilled to have a number of outstanding guest speakers, as well as several industry leaders speak to attendees. The keynote speaker – Chairman and CEO of the X PRIZE Foundation Peter Diamandis – set the tone for Convention, speaking to members about creative problem solving when it comes to our industry, the economy and even global issues. Watch his presentation here. Also speaking in Palm Springs was former Director of the Central Intelligence Agency (CIA) Michael Hayden. Listen to what he had to say to attendees here. You can also watch and listen in on the AGC Economic Outlook luncheon, featuring AGC CEO Stephen Sandherr, AGC Chief Economist Ken Simonson, AGC General Counsel Michael Kennedy and Senior Executive Director of Government Affairs Jeff Shoaf. Finally, be sure to check out the video above of AGC’s 2013 President Paul Diederich speaking to membership about his goals for the association’s future and the coming year. In addition to these great videos, AGC has also uploaded photos from the 94th Annual Convention to its Flickr account, all of which can be found here. Should you have any questions or if you are unable to locate a specific photo, please contact Maggie Jaus at jausm@agc.org.

Construction Spending Rebounds in February with Private, Public Gains
Private Residential and Nonresidential Spending Show Monthly and Year-to-Year Growth in Major Categories

Construction spending rebounded in February with gains from depressed January levels in residential, private nonresidential and public investment, according to an analysis of Census Bureau data by AGC of America. Association officials cautioned that the rise in public investment was likely to be short-lived and urged policy makers in Washington to make infrastructure investment a priority. “It is encouraging to see growth in both monthly and year-over-year totals in private residential and nonresidential construction spending,” said Ken Simonson, the association’s chief economist. “There are increasing signs that 2013 will be a good year for a wide variety of project types.” Read the full press release here.

Construction Employment Climbs in 35 States Between January and February
Increases in 145 Out of 339 Metro Areas Between January 2012 and 2013

Construction employment expanded in 35 states in February as the industry added 48,000 jobs nationally, the largest one-month gain in nearly six years, according to an analysis by AGC of America of Labor Department data. Earlier in March, AGC of America also released an analysis of federal employment data, citing that construction employment increased in 145 out of 339 metropolitan areas, declined in 141, and was stagnant in 53 between January 2012 and 2013. Association officials cautioned, however, that newly enacted federal budget cuts could reverse the construction employment pickup in numerous states. “The turnaround in construction hiring that began in a few states two years ago has now spread to most of the country,” said Ken Simonson, the association’s chief economist. “There are strong indications that the expansion will continue for residential and private nonresidential construction, but investment in infrastructure and public buildings is likely to shrink further.” Read the full press release here.

An Update on Immigration Reform
AGC Expresses Numerous Concerns with Current Negotiations

In light of recent press reports - some conflicting and premature - on a bipartisan “deal” on immigration reform we wanted to provide you with an update on the status of those discussions along with the impact for the construction industry. The group of eight Senators are: Schumer (D-N.Y.), McCain (R-Ariz.), Durbin (D-Ill.), Graham (R-S.C.), Menendez (D-N.J.), Rubio (R-Fla.), Bennet (D-Colo.), and Flake (R-Ariz.). While they are working on many elements of immigration reform, the bulk of the discussions and the source of much consternation has centered on a future temporary worker visa program. Other important parts of immigration reform that AGC continues to lobby on include the Employment Eligibility Verification Provisions; the Legalization Provisions; and the Conversion to Permanent Residence Provisions from the Temporary Worker Program.  These important areas still need to be agreed upon by the gang of eight and the committee. Only then can the program be put to a vote on the senate floor. Thus, the reports of a “done deal” are extremely premature. Read more.

Continuing Resolution Provides DOD Some Flexibility During Sequestration

On March 26, President Obama signed the continuing resolution (CR) that will fund the federal government through Sept. 30, 2013. The funding measure includes spending cuts that were part of the $85 billion in across-the-board cuts under sequester, but allows some agencies to move funds around to different accounts, providing a limited degree of agency flexibility. For example, the Department of Defense (DOD) will reduce the number of furlough days civilian employees will be required to take under the sequester from 22 to 14. Officials were able to reduce plans for unpaid leave because the CR shifted $10 billion into the Pentagon’s operations and maintenance accounts.  This should provide some flexibility for agencies like the U.S. Army Corps of Engineers (USACE), Naval Facility Engineering Command (NAVFAC) and U.S. Air Force Civil Engineer Center (AFCEC) to maintain more normal construction procurement and jobsite operations than if this part of sequester was not addressed. However, because furloughs are still expected, defense contractors should be prepared to encounter some disruptions. Read more.

AGC Reaccredited as an Authorized Provider of IACET CEUs
Prestigious Accreditation Demonstrates Commitment to High-Quality Lifelong Learning

The International Association for Continuing Education and Training (IACET) has awarded reaccreditation status to AGC of America. IACET Authorized Providers are the only organizations approved to offer IACET Continuing Education Units (CEUs). The accreditation period extends for five years, and includes select programs offered or created during that time. “Education is critical to enabling our members to keep up with ever-changing construction technologies and techniques,” said Stephen Sandherr, the construction association’s chief executive officer.  “This renewed partnership demonstrates our commitment to providing the highest quality education and training programs possible.” AGC will continue to offer the IACET CEU at marquee events such as the Construction Project Managers Course (PMC), Advanced Management Program (AMP), AGC Annual Convention and numerous webinar offerings. Learners can trust the IACET Authorized Provider’s status because they know that they had to complete an extensive renewal application process, demonstrate adherence to all ANSI/IACET Standards and undergo a comprehensive audit and onsite evaluation. Read more.

AGC Urges Court to Preserve Traditional Requirements for Good Faith and Fair Dealing
AGC Files Friend-of-the-Court Brief in U.S. Court of Appeals

On March 25, AGC of America filed a friend-of-the-court brief in the U.S. Court of Appeals for the Federal Circuit in defense of the traditional requirements for good faith and fair dealing, insofar as they apply to the federal government. Those requirements grow out of an “implied covenant” that the courts have construed federal contracts to include for over 150 years.  Repeatedly, the courts have also held that the covenant requires the government to administer its contracts reasonably and not resort to subterfuges or evasions, even if the government believes it would be justified in doing so. Read more.

AGC’s 2013 Federal Contractors Conference is Less than a Month Away
Don't Miss Out - Limited Space Available

The 2013 AGC Federal Contractors Conference will be held April 23-25, 2013, at The Mayflower Hotel in Washington, D.C. This meeting is the only national event where contractors and federal agency personnel can meet in a collaborative forum to review federal construction contracting issues and trends from around the United States. These insightful and highly productive exchanges have solidified the need for both federal construction contractors and the federal construction agencies to share information on a wide variety of issues, foster better communication, and create real solutions. To learn more and register, please visit www.agc.org/fedcon.

ACC/ACI-NA/AGC Airport Project Delivery Summit
June 12-13, 2013 | Fort Worth, Texas

AGC is co-sponsoring the eighth annual Airport Project Delivery Summit.  This event offers peer-to-peer, owner-oriented interaction through airport owner discussion on the most pressing project delivery and construction issues.  The Summit helps owners learn from each other’s experience.  Panels feature airport owners, contractors and consultants who share lessons learned through a moderated panel discussion and vibrant Q&A dialogue.  A tour of the Dallas/Fort Worth International Airport will kick off the program the morning of June 12.  For more information and to register, click here.

Register Today for the 2013 Contractors Environmental Conference
June 13-14, 2013 | Arlington, Va.

This year’s AGC Contractors Environmental Conference will focus on “removing the barriers to action” on the environmental challenges the construction industry is facing on a daily basis.  In furtherance of this goal, AGC has reached out to experts in their fields so that they can share the knowledge and tools attendees will then be able to use to take action back at the office or in the field.  We recognize that many of the professionals who have or will attend this conference are the behind-the-scenes environmental leaders at their companies — often tasked with teaching and sharing their environmental knowledge with others.  Barry Fagan, who will kick-off this year’s conference, puts it best: “Your knowledge is useless until shared or acted on.”  This conference will show attendees how. Learn more and register here.

ConsensusDocs Releases a New Teaming Agreement

ConsensusDocs released the new ConsensusDocs 498 Design-Build Teaming Agreement today, which provides a standard contract for parties desiring to form a team for the purpose of submitting a bid on a design-build project. This agreement has the flexibility for those team members to include design professionals, contractors and other parties. One team member serves the role as team leader for the purposes of compiling and submitting the proposal, as well as for negotiation of the owner agreement, if awarded. Critical issues such as confidentiality, withdrawal from the team, and document ownership are included. Post-award considerations are addressed and team members are required to enter good faith negotiations for a subsequent agreement covering the work (e.g., the ConsensusDocs 298 Joint Venture Agreement or the 299 Joint Venture LLC Operating Agreement). Read more.

Webinar: Federal Contracting What You Absolutely Need to Know
April 22, 2013 | 2:00 - 3:30 p.m. ET

An expert panel will highlight important new federal contracting practices including what you need to effectively subcontract work, including the latest possible implications of sequester.  Speakers include Tom Kelleher, Smith Currie & Hancock LLP Atlanta Georgia; Lori Lange, Peckar & Abramson, P.C. Washington, D.C. and Brian Perlberg (moderator), Executive Director of ConsensusDocs. They will cover critically important requirements concerning: small business contracting; false claims act; ethics compliance; Davis-Bacon and Miller Act claims. You will also learn about the 2013 revisions to the ConsensusDocs 752 standard federal subcontract, which was revised to address recent changes.  In order to avoid significant potential liability, you need both the contractual tools coupled commensurately with training and administration compliance programs. This webinar will highlight both so you can certify with confidence that you are in compliance. AGC members receive a discount with the code AGC30_WEB. Learn more and register here.

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