More detailed information regarding this year’s tournament and the registration forms  login to the member’s only section – home page under members benifits.  These should be returned to the AGC Office as soon as possible.  Members who do not have their login information will need to contact Anna Brown. annab@alagc.org

Four outstanding industry leaders were inducted into the Alabama Construction Hall of Fame during the 13^th Annual Alabama Associated General Contractors BuildSouth Awards Banquet, Jan. 13 at The Club in Birmingham.

BuildSouth Awards Pictures

Also, nine contractors from around the Alabama AGC chapter were honored with BuildSouth Awards for projects from Bucks, AL to Karachie, Pakistan, and three contractors were recognized for outstanding safety programs. Go to Hall of Fame on the website to see inductees’ videos.

Alabama Construction Hall of Fame Inductees

Richard E Barrow, FAIA

Frank M. Cater, PE

James S. M. French

W.S. “Billy” Newell, Jr.

Safety Awards  

B.L. Harbert International, LLC

Hollis & Spann, Inc.

S. J. & L. General Contractors, Inc.

Specialty Contractor – New Construction

Vulcan Industrial Contractors and McAbee Construction Inc.

25 Megawatt Carbon Capture Facility

Specialty Contractor – Renovations

Vulcan Industrial Contractors

Gorgas Isolation Wall

New Design Build

B. L. Harbert International, LLC

New US Consulate Compound Karachi Pakistan

New Highway Construction

Caddell Construction Co., Inc.

Training Roads & Bridges / Phase A Ft. Benning GA

New Building Construction

J.T. Harrison Construction Company, Inc.

Tuscaloosa Municipal Outdoor Performing Arts Venue

New Construction Management

Brasfield & Gorrie, LLC APAC

Mid-South Warren County Quarry

Renovation Building Construction

Rives Construction Company, Inc.

Ecotech Institute Aurora, CO

Renovation Building Construction Under 5 Million

Brice Building Company

Gorgas House Tuscaloosa, AL

Renovation Design Build Under $5 Million

Anderson Construction Company of Fort Gaines

ACF Project Management Office

Renovation Design Build

Amason & Associates, Inc.

Demolition & Reconstruction of the ASRS Mercedes-Benz U.S. International

Renovation Highway Construction

Dunn Construction Company, Inc.

I-65 Shelby & Jefferson Counties

New Heavy Construction Under 5 Million

Amason & Associates, Inc.

Kiln 2 Expansion Steel Dust Recycling LLC

Renovation Construction Management Under 5 Million

Amason & Associates, Inc.

Leigh Automotive Leigh Mercedes-Benz Renovation

With the power, hospital and higher education sectors leading the way, demand for construction should continue to stabilize during 2012.  Indeed, a clear majority of firms expect the dollar volume of projects they compete for to either grow or remain stable in every market segment identified in the survey.  However, the stability masks two divergent trends – growing demand for private sector construction activity offset by declining public sector demand.

Significantly more firms (32 percent) plan to add staff this year than plan to lay off staff (9 percent).  This is a marked improvement from 2011 when 37 percent of firms reported cutting staff while only 34 percent added employees.  Despite the fact more firms plan to hire staff this year, those additions are likely to be modest at best. 

Tight credit conditions do not appear to be affecting most firms’ ability to attract new credit.  Yet cautious lending practices are having what appears to be a significant impact on the construction market. 

As the commercial construction industry remains mired in a downturn that began in earnest in 2008, they continue to evolve their equipment strategies.  Instead of purchasing new equipment, many firms report leasing.

Construction firms continue to be squeezed between rising materials costs and stagnant earnings for work provided in 2011, a trend that is likely to continue this year.

To see the complete report, including in-depth analysis and graphics, go to the “Members Only” area of the Alabama AGC website under the resource tab. 

               While the big departure from our previous site is that much information contained in alagc.org will be available only to members, much still is available to the public, including a calendar of events, listings of officers and directors, CompTrustAGC information, OSHA Quick Cards and industry news. The website also contains links to pictures of Alabama AGC events that are available for members to download and save.

               “No website is ever complete because it must change with our members’ needs,” said Bill Caton, Alabama AGC director of special projects. “But we believe that members will find this version particularly useful. The ‘Members Only’ area will be topical and pertinent, containing information to help members make business decisions. And the public portion of the site will help promote our industry and offer owners an opportunity to find contractors in an easily searchable format.

               “We at the Alabama AGC ask you to please look at the site and make suggestions. Input is critical to our success in better serving you.”

               If you do not have a login for the “Members Only” area, please contact Anna Brown at annab@alagc.org.

US DOT has issued a final rule that restricts the use of hand-held mobile telephones by interstate commercial motor vehicle drivers (CMV) and interstate hazmat drivers beginning January 3, 2012. The rule does not restrict or prohibit the use of hands free devices.  The rule does not currently apply to CMV drivers that do not cross state lines; however, states are required to adopt the requirements within three years as a condition for continuing to receive Federal Motor Carrier Safety Assistance grants.

The final rule prohibits CMV drivers from holding, dialing, or reaching for a hand-held cellular phone, including push to talk functions.  The definition of dialing allows the driver to initiate, answer, or terminate a call by touching a single button on a mobile telephone or on a headset. The definition of reaching requires that the hands free device be in “close proximity” to the driver.

CMV drivers who are convicted of a hand-held cell violation twice within a three year period will be disqualified from driving for 60 days. Drivers convicted of a third violation within three years, will be disqualified from driving for 120 days. Violations are also subject federal civil penalties of up to $2,750 per violation. Motor carriers (employers) that allow their drivers to use hand-held cell phones while operating a CMV face a maximum civil penalty of $11,000 per violation. Employers are responsible for the action of their drivers regardless of whether or not such actions are sanctioned

Information provided by Brian Deery with AGC of America

AGC made its decision after careful vetting with the AGC Contract Documents Committee and individual AGC chapters, all of whom expressed deep concerns that AIA A201 does not balance risk fairly, but instead significantly shifts risk to general contractors and other parties outside of the design profession. The increased risk to general contractors stands in stark contrast to the role of architects who are bestowed immense authority without commensurate responsibility.

AGC’s unanimous decision not to endorse the AIA A201 was the first time AGC did not endorse the document in more than 50 years. ABC’s recent action to encourage the purchase of AIA contract documents aside, there has been general consensus that the AIA A201 is certainly not in a contractor’s best business interests.

Some highlighted, but certainly not an exhaustive list of concerns that place contractors at risk when confronted with the AIA A201 include:

1. Restricts a Contractor’s Ability to Obtain Owner Financial Information (Section 2.2.1)

Obtaining timely and full payment is critical to any contractor’s business.  Consequently, obtaining project financing information in a timely matter is the lifeblood for contractors to protect their business interests.  New language requires a contractor to make a showing to obtain owner financial information once a project commences. A contractor’s ability to stop work for an owner’s noncompliance has been curtailed.  Today’s economy makes this provision even more critical and the AIA’s approach more troubling.

2. Transfers Potential Liability When an Owner or Architect Impose Means, Methods, and Techniques (Section 3.3.)

If any damages occur when using owner or architect imposed means or methods, new language requires the contractor to show any damage is “solely from those Owner required means, methods and techniques.”

3. Restricts Communications by the Contractor to the Owner (Section 4.2.4)

Contractors are contractually directed to funnel all communications through the architect, rather than direct party communications, which are considered best practice. The A201 references the architect more than 260 times in just the general conditions document, making their role pervasive and creating unnecessary contractual silos.

4. Inserts an Owner’s Involvement With Payments Between A General Payment to a Subcontractor  (Section 9.5.3 and 9.6.4)

Owners are now given the discretion to issue joint checks for a general and subcontractor. Also, owners may require written evidence of a contractor’s payment to its subcontractors.

5. New Unclear Standards When Encountering Differing Site Conditions (Section 3.7.5)

New language requires an immediate work stoppage upon encountering human remains, burial markers, archaeological sites or wetlands.  Definitions of such conditions are not provided.

6. Inserts an Owner/Architect Into the Approval of a Contractor’s Superintendent (Sections 3.9.2-.3) 

Creates a new owner/architect approval process for a contractor to designate or to change a contractor’s project superintendent.

7. Creates Dire Consequences Regarding Submittal Schedule

(Section 3.10.2)

A contractor must provide a written submittal schedule that must be approved by the architect.  Failure to meet this new requirement will prevent a contractor from obtaining time or cost adjustments based on actual time submittal reviews.

8.   Creates New Exposures for Unanticipated Encountering of Hazardous Materials (Sections 10.3.4-10.3.5) 

When a contractor handles hazardous materials which are not anticipated at the worksite, the contractor is now required to indemnify the owner.

9.  Defective Construction Insurance Coverage (Section 11.1.7)

New language requires a contractor to provide insurance that does not appear to exist for “continuing operations” after a contractor has completed a project.

10.               Muddies the Water for Initial Decisions (Section 15.2.6) 

The A201 creates an ambiguous trigger which will likely restrict a party’s ability to dispute an initial decision if a 60-day timeframe is not met.

Transition to Full Member from current Specialty Contractor Member is voluntary at this time. To help facilitate the change, however, the Alabama AGC is offering a special dues rate of $1,200 per year for 2012 and 2013 for any member company that makes the change to Full Member before the end of March. Full Member status offers the member company an opportunity to have a representative serve on the Chapter-wide Board of Directors and for a representative to be eligible to serve as a Chapter-wide officer.

This change in membership classification offers all members with a GC license a powerful voice in setting the agenda for the AGC, the leading non-residential association in the region. And it means that specialty contractors and general contractors will serve together at the highest level of the association to determine such important aspects of the AGC’s work as a legislative agenda.

The Alabama AGC believes this reclassification of membership will help it to better represent the industry it has served since 1920. Alabama AGC members have made it the premiere non-residential construction association in the region. Please call Bill Caton at (205) 451-1411 with questions.

Mac Greaves and the attorneys at Burr and Forman have prepared a brief for all businesses to follow to be in compliance. Following is a brief outline from Mac of what contractors need to do to comply. The entire brief, the act as passed by the legislature and some forms for the sworn affidavit are on in the MEMBERS ONLY section under the Government Relations tab.

For businesses that receive contracts to do work for Alabama state and/or local government, receive state and/or local government incentives, or receive state and/or local grants, here is what must be done to comply with H.B. 56:

• On or after January 1, 2012, the government will not award a contract, grant, or incentive to a business without a sworn affidavit from the business that it will not knowingly hire or employ an unauthorized worker.
• The government also will not award the contract, grant, or incentive without proof that the business is enrolled in E-verify. The State has not expressed what kind of proof it will require, but E-verify does provide account confirmation print-offs and requires you to sign a memorandum agreement before use.
• The prime contractor or grant/incentive recipient should obtain from its subcontractors and suppliers a sworn affidavit that they will not knowingly hire or employ an unauthorized worker. Subcontractors and suppliers must also provide proof to the prime contractor of their enrollment in E-verify.

Failure to comply with these requirements can result in revocation of a contractor’s business license and the termination of the contract. In terms of the prime contractor/subcontractor relationship, the prime is not liable for a sub’s failure to comply if the prime got the affidavits and E-verify proof and did not know that the sub was not complying.

For more information, contact Mac Greaves with Burr and Forman at (205) 458-5172 or by email at mgreaves@burr.com.

Over 100 toys were collected for “Toys for Tots” at the Mobile Section, AGC and Mobile County Road Builders Annual Christmas Party  held at the Country Club of Mobile December 2nd.   We had such tremendous support from everyone!   The Marines were able to fill a truck with toys thanks to our member’s generosity.

We are sure the children who receive these toys will be excited Christmas morning. 

To view photos from the Christmas Party please click here or visit our Facebook page