ConstructorCast

Grappling with the maze of marijuana laws and your company policy? On this episode, Bill Judge of Drug Screening Compliance Institute talks about considerations for employers to create and enforce drug-testing policies that are consistent with the laws in all of the states in which they operate – as well as best practices for addressing safety-sensitive roles.

Guest:

William J. Judge, JD, LL.M.

Drug Screening Compliance Institute

www.askbilljudge.com

Resources:

At the federal level, marijuana is listed as a Schedule I drug (https://www.dea.gov/drug-information/drug-scheduling) under the Controlled Substances Act. Many federal contractors and all federal grantees are required by law to establish and maintain a drug-free workplace policy. In addition, some federal agencies have rules in place for specific industries/occupations that require employers to have drug testing programs. For example, the U.S. Department of Transportation (DOT)[https://www.transportation.gov/odapc] and the Federal Motor Carrier Safety Administration (FMCSA)[https://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/overview-drug-and-alcohol-rules] have adopted drug testing rules for certain drivers. The Substance Abuse and Mental Health Services Administration (SAMHSA)[https://www.samhsa.gov/workplace/employer-resources/federal-laws] provides guidance to employers on how to implement drug-free workplaces that will comply with federal laws.

States are continuing to legalize marijuana, either for medical use, recreational use, or both. Here are maps of where things currently stand in September 2022 – https://www.agc.org/sites/default/files/Files/ConstructorCast/THC_Group_2022Sep27.pdf. State laws may dictate how (and to what extent) employers can do pre-employment screenings, drug testing, or make employment decisions based on an employee’s drug use.

Many employers choose to drug test employees because of safety-sensitive positions, reductions in rates for workers’ compensation insurance, or to ensure that their employees are not impaired on the job. It is particularly important that construction companies review current policies and evaluate the need for changes – based on evolving marijuana laws and to ensure employee safety and reduce company risk.

In this episode, AGC’s own Jimmy Christianson, Vice President of Government Relations, and Deniz Mustafa, Program Coordinator for the Building Division take a dive into what Buy America/n requirements are, why we have them, and what we may be able to expect from new Buy America Build America Act regulations that come with the Infrastructure Investment and Jobs Act. As government agencies work through their individual processes and procedures, AGC would like to prepare members for imminent changes involving material procurement.

Guests:

Deniz Mustafa, Program Coordinator, Building Division, AGC of America, [email protected]

Jimmy Christianson, Vice President, Government Relations, AGC of America, [email protected]

Resources:

Made in America Office within the White House Office of Management and Budget: https://www.whitehouse.gov/omb/management/made-in-america/

AGC's comments to OMB:

https://www.agc.org/sites/default/files/Files/Communications/Constructorcast/AGC%20Comments%20Re%20OMB%20RFI%20on%20BABAA%20Construction%20Materials%205.23.22.pdf

https://www.agc.org/sites/default/files/Files/Communications/Constructorcast/AGC%20Supplemental%20BABAA%20Comments%20to%20OMB%20RFI%206.6.22.pdf

Who’s on the hook for design defects in design-build projects? It may not always be who you think. In this episode, Dirk Haire, co-chair of Fox Rothschild’s Construction Law Practice Group, and David Hecker, group general counsel overseeing all claims, litigation, and investigations for Kiewit Corporation, share their wealth of knowledge on design-build risk. Find out when and why contractors do not always bear the risk of design errors or omissions on a design-build project. This episode explains design-builders’ liability standard and discusses certain types of overreach by owners that merit pushback from design-builders.

This podcast episode will help you:

1. Understand the differences between design and performance specifications and how they may govern design liability on a design-build project.

2. Determine when the Spearin Doctrine applies to design-build contracts.

3. Identify cases where a design-builder has received equitable adjustment for defect designs, as well as examples of cases where the design-builder incurred liability for design.

4. Learn how contracting officers’ actions and federal contracting rules and regulations can dramatically raise a design-builder’s risk exposure.

Guests:

Dirk Haire, Fox Rothschild LLP - https://www.foxrothschild.com/

David Hecker, Kiewit Corporation - https://www.kiewit.com/

Brian Perlberg (co-host), AGC of America - https://www.agc.org/contract

Resources:

AGC 2022 Convention Slides – https://www.agc.org/sites/default/files/Files/AGC%20Design%20Build%20Presentation%20March%202022(132260853.1)-C%20(1).pdf

AGC Article -- Unfair Risk Allocation on Design-Build Project: https://www.agc.org/news/2022/05/23/unfair-risk-allocation-design-build-projects

AGC Article -- When is the Price Right? Setting the GMP for Design-Build: https://www.agc.org/news/2022/06/27/when-price-right-setting-gmp-design-build

AGC design-build page -- https://www.agc.org/design-build

Struggling to find enough workers? On this episode, three young construction professionals share their insights about how they made a decision on a full-time position and why their selected firms stood out.

This episode was pre-recorded at AGC's Annual Convention. When recording on the road, audio isn't always studio-quality, but the content is worth the listen! Thanks for following!

Guests:

Our guests each bring different perspectives on the recruitment and hiring process and share what got them where they are now.

Trent Fair - Pittsburg State University / Simpson Construction Services, https://simpsonconst.com/

Jack McGavran - Pittsburg State University / McCarthy Building Companies, Inc., https://www.mccarthy.com/

Collette LeManske - Kansas State University / Brinkmann Constructors, https://brinkmannconstructors.com/

Resources:

AGC Student Chapters - Membership in an AGC Student Chapter provides young professionals with an opportunity to observe and develop their skills with current industry leaders. AGC of America, in conjunction with our local Chapters, supports more than 170 Student Chapters nationwide. https://www.agc.org/connect/chapters/student-chapters

AGC Construction Leadership Council (CLC) - The purpose of the CLC is to act as a conduit for participants to network, exchange ideas about work and the industry, serve local communities and continuing education which includes both professional development and leadership skills. www.agc.org/clc

Undergraduate and Graduate scholarship opportunities with AGC open July 1, 2022. Visit www.agc.org/foundation for more information.

In this episode, we cover the steps the Biden Administration has taken related to construction and the environment. AGC’s Director of Environmental Services Melinda Tomaino walks you through the environmental highlights and headlines on WOTUS (waters of the United States), species-related issues, climate change policy developments and implications for projects, and environmental review and approvals. Find out how AGC is making timely decisions and setting priorities, the important role AGC plays in policymaking, and how you can get involved.

Show Notes:

Guest:

Melinda Tomaino

Director, Environmental Services

@AGCEnvironment

More Information:

There are a few forums available for you to get involved –

• Attend AGC meetings and conferences, such as the Construction Safety Health and Environmental Conference on July 26-28, 2022, or the peer group discussion for In-House Environmental Managers scheduled for July 27. https://shec.agc.org/

• Join the Environmental Forum and eForum listserv to hear about new developments and opportunities to engage. https://www.agc.org/industry-priorities/energy-environment/environmental-forum

• Serve on the Steering Committee for the Environmental Forum (recruitment annually). https://www.agc.org/news/2021/11/18/volunteers-needed-serve-associations-environmental-steering-committee

Read the latest AGC news on Energy & Environmental online at https://www.agc.org/environment.

Learn about climate change implications on construction at https://www.agc.org/climate-change.

Construction Safety Week started in 2014, when more than 40 national and global construction firms comprising the Construction Industry Safety Initiative (CISI) group and the Incident and Injury Free (IIF) Forum joined forces with a single aim: to inspire everyone in the industry to be leaders in safety.

On this episode, Ken Aldridge of Aldridge Electric, and Mike Burke of Alberici Constructors, both serving as chairs on the Safety Week committee, share some history of the tradition, what this annual campaign means to them, and how you can participate.

This year’s Safety Week will take place May 2-6, 2022. Visit the website to find all the resources you need.

Guests:

Ken Aldridge, Chairman of the Board, Aldridge Electric

aldridgegroup.com

Michael Burke, Chief Operating Officer, Alberici Constructors

alberici.com

Resources:

Construction Safety Week website: https://www.constructionsafetyweek.com/

Business Development within the construction industry presents multiple challenges as competition levels rise, continued supply obstacles occur, and labor shortages pressure companies to do more with less. On this episode, members of AGC’s Business Development Forum – Chris Martin, President at Atlas Marketing and Tonya Byrd (Jackson), Business Development Manager at Gilbane Building Company – discuss these challenges and share best practices and methods to help your construction company grow. Get ready for some first-hand stories of techniques and proven approaches that you can apply to achieve revenue and profit growth in today’s market.

Guests:

Chris Martin, Founder and President at Atlas Marketing and co-host of Building PA Podcast

https://atlasstories.com/

https://buildingpapodcast.com/

Tonya Byrd (Jackson), Business Development Manager at Gilbane Building Company and Vice-Chair of the AGC Business Development (BD) Forum

https://www.gilbaneco.com/news-room/press-release/tonya-byrd-joins-gilbane-building-company-to-expand-business-development-strategies-in-georgia/

Resources:

AGC Business Development Best Practices (article series) - https://www.agc.org/connect/agc-groups/business-development/business-development-best-practices

AGC 2021 Convention Slides - https://convention.agc.org/wp-content/uploads/2021/09/2021-AGC-Convention-1_Challenge-of-the-Chase.pdf

AGC BD Forum - https://www.agc.org/connect/agc-groups/business-development-forum

#businessdevelopment #clientrelationships #construction #AGCBizDev

Construction firms are coping with a seemingly unending series of supply-chain disruptions that are compounding problems caused by record materials cost increases and pandemic-induced challenges to operations. It has never been more important for project participants to be prepared with strategies to mitigate the risk of material price escalation and delays due to material shortages -- in order to preserve the feasibility and profitability of the project. On this episode, Greg Sweeso of Tarlton Corporation, Jack Mumma of Michigan State University, and Ronald Ciotti of Hinckley, Allen & Snyder LLP share risk mitigation strategies available during the bidding, procurement, and contracting phases of the project.

Guests:

Greg Sweeso, Project Manager, Preconstruction at Tarlton Corporation

https://www.tarltoncorp.com/

Jack Mumma, Construction Contract Administrator, Michigan State University

https://ipf.msu.edu/

Ronald Ciotti, Partner at Hinckley, Allen & Snyder LLP

https://www.hinckleyallen.com/

Resources:

ConsensusDocs Price Escalation Resource Center - https://www.consensusdocs.org/price-escalation-clause/

New COVID-19 Epidemic Contract Rider Helps Guide General Contractors and Subcontractors Through Uncertain COVID-19 Construction Risk Management - https://www.agc.org/industry-priorities/contracts-law/construction-law

AGC Construction Inflation Alert - https://www.agc.org/learn/construction-data/agc-construction-inflation-alert

AGC 2021 Convention Slides:

https://www.agc.org/sites/default/files/Files/Communications/Constructorcast/AGC%202021%20Convention%20Slides.pdf

Construction Trends & Outlook:

https://www.agc.org/sites/default/files/Files/Communications/Constructorcast/Construction%20trends%20%26%20outlook.pdf

Panel discussion about HBCU Scholarship program between Procore and AGC

Building Inclusive Cultures & Company Success

Although inclusive cultures offer clear benefits, companies still struggle with knowing how to cultivate the right culture for all their employees. On this episode, Mark Havens talks about how his organization WMFDP | FDP Global (White Men As Full Diversity Partners) transforms mindsets and behaviors to help organizations sustain truly inclusive cultures. We also talk with President & CEO of Clark Construction Company Sam Clark on how he learned the skills needed to build strong relationships, navigate difficult conversations and become an ally. AGC’s Brynn Huenke shares what AGC is doing to provide companies with training and resources that translate learning to action.

Show Notes

Guests:

Mark Havens

Senior Consultant

White Men As Full Diversity Partners (WMFDP | FDP Global)

https://wmfdp.com/

Sam Clark

President & CEO

Clark Construction Company

https://clarkcc.com/sam-clark/

Brynn Huneke

Director, Diversity & Inclusion, Member Engagement

Associated General Contractors of America

https://buildculture.org/

Culture of CARE

Launched in 2020, a partnership between AGC of America and AGC of Washington, Culture of CARE is asking companies to make a public commitment to creating diverse and inclusive workplaces by taking the Culture of CARE pledge.

Learn more at www.BuildCulture.org

AGC’s Construction Diversity Image Library

The Construction Diversity Image Library is a collection of photographs for use by the media featuring diverse individuals in the construction workforce. By making imagery that showcases diversity easy to access for reporters, the library aims to increase representation and empower the industry to appeal to new, diverse talent.

https://www.agc.org/construction-diversity-image-library