Associated General Contractors Blog

Wildish Wins 1st Place AGC Construction Safety Excellence Award!

The AGC Construction Safety and Excellence Awards recognize companies who have developed and implemented excellent safety and loss prevention programs. Congratulations to Wildish who brought home First Place in the Highway 300K – 700K hours worked category!

Wildish Construction Co. receiving the CSEA at the 2012 AGC Annual Convention. Photo Source: AGCA. (From left: Kris Young, 2011 AGC of America President; Commander Kirk Lippold, former commanding officer of the USS Cole; Randy Hledik, Wildish Director of General Services; Tim Hendrix, Wildish Manager; Paul Becker, Chairman of Willis North America Construction Practice)

Click here for the AGC of America press release with more information on the award and the winners.

Washington State Supreme Court Rules in Favor of Contractors

NOTE: This item was originally posted by the AGC Inland Northwest Chapter in an email sent April 9, 2012.

__________

The Washington State Supreme Court recently took the position requested by three AGC Chapters in a recent court case and ruled that contractors are not precluded from suing project owners in court for fraud, even where a contract exists between the parties.

On March 29, 2012, the court issued its ruling in the Elcon Construction vs. Eastern Washington University case. While Elcon did not get the trial they sought, the court did endorse the request sought by AGC’s Washington, Inland Northwest, and Oregon-Columbia chapters under an amicus (“friend of the court”) brief. In the case, the Court overruled a decision by a lower court that stated contractors could not bring fraud claims in tort against construction project owners because the contractor’s only remedy should be those available under the contract.

This ruling is a substantial victory for the entire construction industry and provides much needed protection from unscrupulous project owners. For more information, please see the report from Rob Crick about the Court’s decision. Read the Courts opinion here.

CCB Website Is Getting a New Look!

The Construction Contractor Board (CCB) is following in the footsteps of other state agencies and giving their website a new look. The site will have the same look as the State of Oregon’s and the Governor’s websites. Changes to the site will be made by May 2012, so keep an eye out for the new site in the next few weeks.

The new website will continue to use the same URL (www.oregon.gov/CCB), but some webpages will have new links, so make sure to double check any pages you have bookmarked!

EPA Releases Template for Stormwater Pollution Prevention Plans

Guide to Developing Your Stormwater Pollution Prevention Plan (EPA)

AGC of America recently alerted local chapters that the U.S. Environmental Protection Agency (EPA) has released a new template for stormwater pollution prevention plans (SWPPPs). The SWPPPs are site-specific documents required by EPA to control construction stormwater runoff to waters of the United States from active sites with disturbance of one or more acres of land.

The template is designed to help construction operators develop a SWPPP that meets the minimum requirements of the new 2012 EPA Construction General Permit.

To find out more about SWPPPs you can read this article by AGCA. To access the SWPPP template and additional resources click here. If you have questions about the template, please email CGP@epa.gov.


Oregon Court of Appeals Ruling May Hurt LLCs

The Oregon Court of Appeals ruled in late February in Cortez v. Nacco Materials Handling Group, Inc. that the exclusive remedy provision of the workers’ compensation law does not protect the individual members of an LLC from tort liability. This decision could potentially negatively affect members of limited liability companies (LLCs) in the state.

Cortez involved a worker employed by an LLC and suffered injuries during a fork lift accident. The worker first filed a workers’ compensation claim against the LLC and received benefits. The worker then initiated an action outside of the workers’ compensation system, suing in tort a number of parties, including the sole member of the LLC. The trial court originally dismissed the lawsuit, citing the workers’ compensation exclusive remedy provision; however, the Court of Appeals reversed the decision, allowing the tort litigation to proceed.

AGC has already joined with other business associations (including Associated Oregon Industries) to resolve this issue and to ensure that the law is clarified and the exclusive remedy provision of the workers’ compensation law includes LLC members. There is some possibility that the court decision could be overturned by the Oregon Supreme Court, but there is no guarantee that the parties to the lawsuit will pursue an appeal.

For construction contractors that are formed as LLCs and their individual members, this ruling creates some uncertainty and potential risk. Under this ruling, members of an Oregon-based LLC are potentially liable for damages resulting from workplace injuries, even if the injured worker has been compensated through the LLC’s worker compensation insurance. Construction contractors who are formed as LLCs should review their liability insurance policies to ensure that individual members are adequately covered for all Oregon Employer Liability Law claims.

If you have any questions about this topic, please contact Government Affairs Director John Rakowitz (johnr@agc-oregon.org). If you would like to read Board Counsel Jeremy Vermilyea’s article on the issue, click here.

BOLI Notice: Prevailing Rates of Wage Amendments

Here’s a recent message AGC received from BOLI:

“Amendments to the Prevailing Rates of Wage for Public Works Contracts in Oregon will be published on April 1, 2012. These amendments and other PWR publications are available electronically at http://www.oregon.gov/BOLI/WHD/PWR/pwr_book.shtml.

Hard copies of the amendments and other PWR publications are available upon request by calling us at 971-673-0838 or by emailing BOLI at pwremail.boli@state.or.us.”


Congratulations Build America Award Winners!

We are proud to share with all of you that at the 2012 AGC Annual Convention, two AGC Oregon-Columbia Chapter members, Advanced American Construction and Hamilton Construction, were recognized as Alliant Build America Award winners! The Build America Awards honor AGC members who build the nation’s most impressive construction projects, and excel in the areas of state-of-the-art advancement, project management, innovation in construction techniques or materials, safety record, client service, community relations, and environmental sensitivity.

Here’s a bit about the two AGC Oregon-Columbia Chapter members’ award winning projects:


John Day Lock & Dam Gate & Sheave Replacement

Category: Federal and Heavy Renovation
Project
: John Day Lock & Dam Gate & Sheave Replacement
Location: Columbia River, Oregon
Company: Advanced American Construction

The John Day Lock & Dam Gate is the tallest navigational lock gate in North America, standing 113 feet tall and weighing 2.5 million pounds. Advanced American Construction was charged with replacing the original gate and two 18-foot diameter wire rope sheaves that raise and lower the gates, as well as completely restoring the mechanical friction sheave drive system. All of the work was performed on a 14-week accelerated schedule, which required an unprecedented shutdown of cargo lanes on the Columbia and Snake Rivers in Oregon. The project was funded by the American Recovery and Reinvestment Act, and will allow for this top export gateway to safely transport goods for years to come.


OR 241: Isthmus Slough, East Approach Bridge

Category: Highway Under $10M Renovation
Project: Isthmus Slough East Approach Bridge #01132F – Accelerated Bridge Construction
Location: Coos Bay, OR
Company: Hamilton Construction Company
Lead Engineer: Oregon Department of Transportation

During an aggressive 14-day closure, Hamilton Construction replaced a failing wood superstructure on the east approach to the OR 241 Isthmus Slough Bridge – a key connector for commuters and commercial traffic in the Oregon coastal town of Coos Bay. The bridge was originally constructed in 1931, and had received a number of repairs and upgrades over the years. Because a full replacement was too costly and full closure was not an option, Accelerated Bridge Construction provided the best value with the least negative impact to the community. In addition to superstructure replacement, the project included work bridge construction, precast slab erection, and precast barriers, and was delivered one day ahead of schedule.

State Highway Fund Revenue Forecast

On Monday, March 19th the state published the most recent revenue forecast for the State Highway Fund. The December 2011 forecast shows a 2.2% drop in future revenues in comparison to the September 2011 forecast. The forecast includes revenue projections for fiscal years 2012-2015.

To access the full forecast document, please click here.

Transportation bill showdown begins next week

From AGC of America:

A 90-day extension of current transportation funding would create “havoc” for cities and states trying to plan their transportation projects, said Sen. Barbara Boxer (D-CA), speaking of House Republicans’ plan for a short-term funding extension instead of the Senate’s bipartisan two-year bill. GOP senators might also go for the extension, said Sen. John Thune (R-SD). The House is unlikely to take up the Senate’s version of the bill because it is concerned about too much spending, said House Majority Leader Eric Cantor (R-VA). San Francisco Chronicle (3/23), The Hill/Transportation blog (3/22), The Boston Globe/The Associated Press (tiered subscription model) (3/23), The Hill/Floor Action Blog (3/22)

2012 AGC of America National Convention Wrap-Up

AGC’s 93rd Annual Meeting was a jam-packed event that featured appearances by John Hofmeister, former president of Shell Oil Company, and founding CEO of Citizens for Affordable Energy; Karl Rove, former senior adviser and deputy chief of staff to President George W. Bush; Daniel Burrus, a leading technology forecaster and business strategist, and founder and CEO of Burrus Research; and Bryan Townsend, author of “Life is An Adventure” and “Making Good Things Happen.”

Each participant offered views on the landscape for the construction industry in the post-Great-Recession environment. Sessions on technology, industry updates and personal development offered attendees excellent insight on what to expect in changing times and how to plan ahead. Viewpoints from experts and leaders from across the industry made the AGC 2012 Annual Convention an invaluable event

2012 AGC of America President Joe Jarboe

Joe JarboeAGC’s incoming President Joe Jarboe (Clark Construction Co., Bethesda, MD) sounded enthusiastic as he spoke to convention attendees and unveiled his 2012 theme: “Building Connections.” He began his speech noting that the industry is in the middle of “one of the most significant transformations ever.” But, there are ways to succeed, he noted. “Successful contractors will be the ones that are willing to embrace technology; accept new ways of doing business; and most importantly, build strong connections with a range of people — and not just subcontractors — but architects, owners, and regulators.”

Chapter Dinner

Monday evening 2012 Chapter Board President Jim McKune hosted the annual chapter dinner at the Halekulani Hotel on Waikiki. The evening was fun and light-hearted, and was attended by 50 Oregon-Columbia Chapter attendees at the National Convention.