In February, the House of Representatives voted 236-187 on a resolution to block the ‘blacklisting' rule, sending it to the Senate for a second vote. The act would have given the federal government the ability to disqualify contractors if they violated any of the 14 labor laws, which can be found here, over the past 3 years on any project totaling $500,000 or more.
On Monday, the Senate officially voted against the ‘blacklisting’ rule, giving it its second of 3 strikes. The final step in completely killing the rule is obtaining a signature from President Trump.
The Associated Builders and Contractors (ABC) has been leading the charge within the construction industry in blocking the rule from implementation. In a press release, ABC Vice President of Regulatory, Labor and State Affairs Ben Brubeck said:
“By using the Congressional Review Act to nullify this rule, Congress has taken an important step in removing burdensome and duplicative reporting requirements and eliminating a costly barrier to entry that would have discouraged many small contractors from bidding on government contracts. ABC looks forward to working with the Trump administration and Congress to improve the federal government’s existing suspension and debarment system, which already requires contractors to report violations, as well as to ensure contracts are bid through a process that encourages competition from all qualified contractors while protecting the American workforce and taxpayers’ investment.”
As usual, there’s a clear divide among party lines, as Republicans are generally against the ‘blacklisting’ rule and Democrats are generally in favor of the rule. Proponents believe the rule protects the workforce, while those against believe it could lead to the blackmailing of companies wishing to perform work for the government, according to the Hill.
On January 1, 2017, OSHA officially put into effect a revision to workplace injury and illness reporting that requires certain employers to submit recorded information of these instances electronically. Companies were to submit all of this information from the previous year (2016) by July 1, 2017, but now that due date is in jeopardy.
The worst day on the job is when someone on site gets injured. The 2nd through 500th worst days are the legal battle that follows many of those injuries. Nobody expects accidents to happen, but it’s best to be adequately prepared if one does. That not only includes knowing how to react to injuries with a safety plan, but also making sure your company’s documentation is in order in case lawsuits start flying.
The following article was written by Miami Construction Lawyer Alex Barthet
In a court of law, a contractor’s daily reports are critical. In many instances, they are considered key evidence showing what actually occurred at specific times on the job. And since people’s memories fade, a court will likely rely heavily on what the daily reports say happened (especially when presented with a corroborating witness).
Softwood lumber, often used for structural framing and decking, among other uses, may be seeing a price increase in the US in the near future. On Monday, the U.S. Department of Commerce (DOC) has announced that they will be imposing tariffs of up to 24% on all softwood lumber imported from Canada.
The following is a guest post written by Laurence Banville, Esq.
Construction is on the rise again, especially in the Northeast region of the U.S. The attractive landscapes of Maine, Vermont, New Hampshire, Pennsylvania, and New York are drawing people back to the east coast. People are finding that they can get that country home feel with metropolitan access, and most are building new homes and businesses in these states for that very reason. Of course, with new and increased construction comes new and increased personal injury cases. Newer technology and methods of construction are also changing the frequency and types of injuries too. All those changes seem to be changing construction law practice.
In February, the House of Representatives voted 236-187 on a resolution to block the ‘blacklisting' rule, sending it to the Senate for a second vote. The act would have given the federal government the ability to disqualify contractors if they violated any of the 14 labor laws, which can be found here, over the past 3 years on any project totaling $500,000 or more
As of the first quarter of 2016, the Bureau of Labor Statistics (BLS) reports that there are over 768,000 construction companies currently operating in the private industry in America. There are also countless more that have come and gone. According to Statistic Brain, only 47% of construction startup businesses are still operating after year 4. Personally, I've seen many people break off from a construction company and create their own business; some are still in operation, others have failed.
OSHA inspectors and city building officials are usually the people that can make life pretty uncomfortable for construction companies, but it’s a whole different story when the FBI comes calling. A new stadium for the Double-A minor league baseball team, the Hartford Yard Goats, was supposed to open before the 2016 season, but delays and cost overruns have pushed that opening well into 2017. Now, the FBI is investigating, according to the Hartford Courant.
In an announcement made in mid-January, the US EPA has officially released the updated 2017 Construction General Permit (CGP) for Stormwater Discharges from Construction Activities. The draft of the new permit was released last year and the 45 day public comment period ended on May 26, 2016. The 2017 CGP will go into effect starting February 16, 2016.
In July of 2016, the Fair Pay and Safe Workplaces Executive Order was signed into effect and has been a hotbed of controversy, especially within the construction industry, ever since. The act would have given the federal government the ability to disqualify contractors if they violated any of the 14 labor laws, which can be found here, over the past 3 years on any project totaling $500,000 or more.