August 2017
AGC MA announces 2017-2018 Scholarship Recipients
 
Congratulations to all of the winners!
 
On Thursday, August 17th, AGC MA held it's annual scholarship ceremony at Wentworth. Eleven outstanding recipients shared $40,000 contributed through MCAP and $6,500 through the efforts of AGC MA for their hard work and demonstrated enthusiasm for the construction industry. All recipients have been enrolled in a construction management or civil engineering degree program and maintain impressive GPAs. Students attending represent Wentworth Institute of Technology, Northeastern University, Worcester Polytechnic Institute and University of Maine. This year's recipients are looking forward to continuing their education and career in the construction industry. Special thanks to the scholarship awards panel: Deborah Griffin, Stan Martin, Francis Madigan, and Gary Miller; WIT Construction Management Chair: Scott Sumner and AGC MA CEO & President: Bob Petrucelli. Congratulations to all!
 


 

AGC At Work for You: 
AGC MA Legislative & Public Affairs Update

Wage Theft Legislation:
 
AGC MA has continued to push back against a bill on Beacon Hill - "An Act to Prevent Wage Theft and Promote Employer Accountability" that sets draconian penalties on business owners and contractors for the failure of businesses with whom they subcontract to pay their employees proper wages and benefits. AGC has joined a broad coalition of allied construction trade associations and prominent statewide business and industry groups to oppose the bill as written
 
As the attached testimony states, AGC MA agrees that wage theft has absolutely no place in any business in the Commonwealth. However, we strongly disagree with language in the bill that calls for vicarious liability for any upstream employer who contracts with another employer who is in violation of the law. The bill, in its current form, unfairly punishes legitimate and law-abiding firms across all industries who happen to contract with other businesses for services, but who have no control over the operations of those independent businesses.
 
AGC MA testified in opposition to the bill at a State house public hearing on June 20. In late July, AGC MA joined with coalition members to meet with Rep. Paul Brodeur, House Chair of the Labor & Workforce Development Committee to further express our concerns. In both sessions, legislators were made aware that Massachusetts already has the most stringent wage enforcement laws on the books and that more enforcement is needed - first & foremost - against the violating companies. 
 
Click Here to read June 20 testimony and August 1 letter to Chairman Brodeur further stating our case.
 
AGC MA Meets with Office of the Attorney General for Industry Meeting:
 
On July 31, Bob Petrucelli & Brendan Carter represented AGC MA at a bi-annual meeting between the commercial construction industry and key staff in the Attorney Generals' Office. The meetings have been occurring for several years in an effort to strengthen communications on a variety of issues including - but not limited to:

 

  • AG's take on Wage Theft bill
  • AG's current Wage & Hour enforcement actions
  • AG's take on other pending legislation impacting the industry
  • Update on Bid Protest decisions
 
The meetings have been facilitated over the years by Joel Lewin (HAS) and include AGC, ASM, CIM, UCANE, and ABC.
 
AGC MA and the New Boston Residents Job Policy:
 
Over 75 attended AGC's workshop on June 22 on the New Boston Residents Job Policy. The informative and inter-active program featured:
  • Linda Shaughnessy, Compliance Officer, Walsh Brothers
  • Chris Brown, Compliance Manager, City of Boston
  • Aaron Hallquist, assistance Compliance Manager, City of Boston
  • Paul Dietel, Assistant Director of Operations, Harvard Business School
  • Smith, Policy Analyst, City of Boston
  • Nicole Richer, Founder & President, The Compliance Mentor Group
 
 
After the session there was a consensus to form an AGC/City of Boston "Best Practices" Working Group to work with the city to ensure a successful outcome. Volunteers are welcome! We anticipate that members of the working group may also assist AGC with other larger Workforce & Diversity issues. Contact petrucelli@agcmass.org.      
 
AGC MA Provides Feedback to DCAMM Change Order Process:
 
Barbara Bates, Director of Project Operations & Controls at DCAMM contacted AGC in mid-July informing us that the agency was in the process of proposing some changes to the DCAMM Change Order process, specifically changes to Article VII and Form 13 for Chapter 149 and 149A projects to:  
  • To improve the efficiency in processing paperwork
  • Standardize the calculation for labor rates
  • Utilize industry standard pricing tools to validate proposed change order pricing
The goal is "to streamline the process, improve the approval process and, most importantly get CM/GC's and Sub paid more quickly." Members of AGC's Chapter 149A Task Force were pressed into service to offer their insights and recommendations. A follow up meeting is planned to review the draft recommendations.
 
 
AGC MA Joins Public & Private Owners to Oppose ASM Indemnity Bill:
 
AGC has formed a coalition with several public and private owner groups to strongly oppose legislation filed by Associated Subcontractors of Mass. - House 2369, An Act Prohibiting Contract Provisions Requiring Subcontractors to Assume Liability for Negligence to Others."  The new coalition includes:
  • AGC MA
  • Mass. Municipal Association (MMA)
  • NAIOP
  • Associate of Independent Colleges & Universities (AICUM)
  • Mass. Municipal Lawyers Association (MMLA)
 
The ASM bill would dramatically amend the rights of parties to contractually transfer the liability risks of construction to the  CM/GC or other Subcontractors. AGC and its allies testified at a May 2 State house hearing at which we argued the following key  points:
  • House 2369 would increase costs and cause significant delays on state, municipal, private and institutional construction  projects
  • The current system in not broken
  • The current insurance marketplace works efficiently
  • Project owners should have the option to contract for additional insurance coverage
  • The bill will have an adverse effect on worker safety and will reward unsafe contractors
  • The bill is over broad and will harm consumers
  • Only 4 states (most rural) have anti-indemnity statues as extreme as House 2369
 
 

AGC MA BWiC August Profiles

Tonye Hayden-Berry Local 3


Meet Tonye Hayden-Berry, one of the most determined women in the Trades you will ever meet! Despite all of the challenges she has faced, Tonye is now a respected and successful craftswoman of Local 3.


   
Claudia Gomez, Union Carpenter

 
Claudia, like many of the other women interviewed, said they were struggling in minimum wage jobs and were searching for an alternative but never considered the trades because they simply weren't exposed to the option or didn't know how to get involved. Learn how Claudia met those challenges and became the successful Union Carpenter she is today.

 

MEMBERS IN THE NEWS

AGGREGATE INDUSTRIES JOINS AGC MA
   
 
Aggregate Industries Management, Inc. is a leading provider of aggregate and construction materials to markets in the United States. Since 1997, Aggregate Industries' quest to "Deliver Value" has been evidenced by countless prestigious projects and a growing list of steadfast clientele.



WHAT YOU NEED TO KNOW

Appeals Court of Massachusetts: The Statute of Repose for a Designer Standard of Care Claim Did Not Start Running with the Issuance of a TCO

AGC MA's Brendan Carter's recent Blog for The Dispute Revolver ask these critical questions...Does the issuance of a temporary certificate of occupancy act the same as a project's public opening for a designer negligence claim?  The Appeals Court of Massachusetts rules on a dispute to determine if an owner's claim was time-barred against its architect/engineer.

Read the a full article>>

I Need to Bond Off a Mechanic's Lien...How Do I Get a Target Lien Bond and What Happens When it is Recorded?

 
Did a problem subcontractor just place an unjustifiable lien on a project for an important repeat client? What can you do to make sure the project and client's interests are protected?  AGC MA member Attorney Hugh J. Gorman, III of Prince Lobel discusses the use of a Lien Bond as a possible tool that a general contractor can use to sustain project momentum and relieve an owner's concerns.

  
PROGRAMS
 

BWiC Golf Clinic
Wednesday, September 20, 2017
Granite Links Golf Course | 5:00-7:00 p.m

Final clinic of the season! 
 


Building Women in Construction-The Path to Success 2017
September 28, 2017 | 4:00 PM - 6:30 PM
Wentworth Institute of Technology
 
 
Join us as a panel of 5 women in construction ranging from 3 years of experience to more than 30 years address the challenges women in construction have faced over the course of their careers-what has changed what has stayed the same. Topics will also include: how to expand your personal network and how to identify and manage opportunities for professional growth in the future. 



  
Our October Calendar is packed! Click here to view programs that include:
 
Pl an Reading Program
CLC Tech Series-Commercial Kitchens
BWiC Presents Liz Brunner
Understanding How Changes to the New 2017 AIA Standard Contract Impacts Your Projects & Clients
OTI 502 | Update for Construction Industry Outreach Trainers
OSHA 10-Hour Training
AGC MA Build New England Awards



PROFESSIONAL DEVELOPMENT
 
OSHA 30 Hour Training
August 28,29, 30, 31, 2017,  7:00 a.m.- 4:00 p.m.
AGC Conference Center
Instructor:  Chris Ziegler, Director of Safety, AGC MA
OSHA 30-hour training is the primary method used to train workers and supervisors on hazard recognition and OSHA safety standards.


Sponsored by: 
 

Constructor Supervisors Exam Prep Course
September 6, 2017 | 5:30-8:30 p.m. | AGC Conference Center

AGC is pleased to welcome Greater Boston Code Consultants back to train and  prepare our members for their Construction Supervisors License Exam:

LEARN MORE>>


Fall 2017- Lean Construction Program Series Units 1-7

September 8, 2017 | 7:30-4:30 p.m. | AGC Conference Center

This is a certificate program that consists of seven units.  Following the completion of all seven units, individuals will have a deep knowledge of both the theory and application of Lean Construction and be able to sit for an exam to earn AGC's Certificate of Management - Lean Construction (CM-LC) credential. 


LEARN MORE>>

OSHA 10 Hour Training
September 11, 2017,  7:00-1:00 p.m. | August 15, 2017, 3:00-9:00 p.m. | AGC Conference Center
Instructor:  Chris Ziegler, Director of Safety, AGC MA
OSHA 10-hour training is the primary method used to train workers and supervisors on hazard recognition and OSHA safety standards.

Sponsored by:
Constructor Supervisor License Renewal Institute (CSL)
On line-anytime 
You MUST have your CSL License Number to Register and begin your classes.


Lisa Frisbie
frisbie@agcmass.org
781-786-8915

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