The deadline to apply for an JLT Build America Award is quickly approaching, but it’s not too late! These awards honor AGC members who build the nation's most impressive construction projects ranging across the building, highway and transportation, utility infrastructure, and federal and heavy divisions.

If that sounds like you, we encourage you to apply online for some much-deserved recognition for your outstanding projects. As an added bonus, all entry fees are donated to the AGC Education and Research Foundation to impact young constructors across the country. Apply by October 24, 2018, for full consideration. Learn more about AGC of America's awards programs at www.agc.org/awards.

For additional information, please contact Nahee Rissi at [email protected], or 703-837-5348.

On Oct. 9, AGC members met with leaders of the U.S. Army Corps of Engineers (USACE) Headquarters and field offices from across the country for the agency’s first ever interactive training session with the construction industry in Washington, DC.

AGC members explained the importance of early communication by USACE, gave incites on the type of information that industry seeks in order to qualify an opportunity, and the value associated with certain types of USACE engagements (e.g. RFIs, one-on-ones, partnering, industry days).

AGC members spoke about how different factors might influence the decision towards either bidding or not bidding (e.g., costs of competition, risks, acquisition strategy, past acquisition practices of customer, competitive analysis, etc.).  AGC frequently engages in training sessions with federal agencies and remains dedicated to further educating federal agencies on construction process.

For additional information, contact Jordan Howard at [email protected] or (703) 837-5368.

AGC’s report, The Business Case for Diversity & Inclusion in the Construction Industry, outlines six reasons why diversity and inclusion are strategically valuable in generating corporate/industry innovation, increasing profitability, and ensuring a positive and sustaining legacy of progress for your firm.

The conventional understanding of diversity has evolved over time. What started as a focus on compliance of Equal Employment Opportunity and Affirmative Action requirements has moved into a critical and necessary part of doing business as a way to achieve greater financial success. As the population of the U.S. becomes more diverse, construction companies will need to reflect the changing demographics in order to find workers and remain competitive. The arguments for a company including diversity and inclusion as a key business strategy go beyond the moral imperative of “doing the right thing” and focus on the measurable financial results that can be achieved.

For additional information, contact Brynn Huneke at [email protected] or (703) 837-5376.​​ 

On Oct. 9, AGC joined industry allies in urging Secretary of the Treasury Steven Mnuchin to have the Internal Revenue Service (IRS) issue interim guidance to correct a drafting error from the Tax Cuts and Jobs Act (TCJA) that accidentally changed the depreciation period for certain commercial real estate improvements to 39 years, instead of 15 years—or even less.

During the drafting of TCJA, the tax writers consolidated the restaurant, retail, and leasehold improvements (essentially the interior improvements to commercial property) depreciation schedule into a new category, now called qualified improvement property (QIP).  Unfortunately, in doing so, they cross-referenced the incorrect section of the tax code that changed the depreciation schedule from 15-years (and eligible for temporary 100 percent bonus depreciation) to 39 years.  This was clearly a drafting error that would normally qualify as a “technical correction” but a political stalemate has prevented passing a technical corrections bill.

As a result, those industries and companies affected by this glitch, including the construction industry, have called for Treasury to issue interim guidance to correct the problem while Congress fixes the statutory language.  In August, AGC co-signed a letter to Treasury requesting action from Secretary Mnuchin on this issue, and on Tuesday followed up with issuing formal regulatory comments for a Treasury’s proposed for bonus depreciation.

For further information, please contact Matthew Turkstra at [email protected], or (202) 547-4733. 

AGC submitted comments this week, individually and as part of a construction coalition, to the Federal Motor Carrier Safety Administration (FMCSA) requesting that construction industry drivers be exempted from hours of service (HOS) rules.

The comments pointed out that the type of driving undertaken by industry drivers does not create the same demands or fatigue concerns as long haul drivers. Because of the seasonal nature of construction and demands on contractors to complete projects under tight time limits the HOS restrictions have significant negative and unnecessary impacts on construction. Congress and FMCSA have acknowledged this problem by providing a variety of exemptions from HOS requirements for some construction operations and materials. However, these limited exemptions, while somewhat helpful, create confusion in implementation and enforcement.

Should FMCSA decide to not offer a broad exemption, the comments made a numbers of specific recommendations that would make the current rules less onerous, including: expanding the short haul exemption to 150 miles and making it uniform, eliminating the return to work location requirement, allowing for additional driving hours when adverse weather conditions occur, and allowing for flexibility in use of sleeper berths to meet off-duty requirements. The comments pointed out that these recommendations can be implemented without undermining driving safety.

FMCSA solicited input as it considers a rule making to address the growing number of criticisms of the existing rules from drivers in many impacted industries. AGC and eleven of our construction industry allies jointly filed comments to demonstrate a strong unified voice in calling for reform of the rules. AGC’s individual comments added additional information and background in support of the coalition’s position.

For additional information, contact Brian Deery at [email protected] or (703) 837-5319.

Authorizes Billions of Dollars for Corps, Drinking Water and Wastewater Projects

On October 10, the Senate passed—on a vote of 99-1—an AGC- supported water resources development bill that helps the U.S. Army Corps of Engineers (USACE) maintain much of our nation’s water resources infrastructure.  The president is expected to sign the bill into law shortly.

While not a funding bill, this legislation allows Congress to eventually approve billions of dollars in funding for U.S. Army Corps of Engineers Civil Works projects, including navigation (dredging, locks), flood control (levees), hydropower (dams), recreation (parks), and water supply.  In addition, the bill reauthorizes the Water Infrastructure Finance and Innovation Act (WIFIA) for $50 million annually in fiscal years 2020 and 2021 and provides a new authorization, championed by AGC, for the funding of State Revolving Funds with WIFIA dollars—which can be used for drinking water and wastewater facility projects.

Other notable provisions in the bill include:

• Reaffirming a federal commitment to State Revolving Funds;


• Authorization of capital grants for State Drinking Water Treatment Revolving Loan Funds;


• Establishing an innovative water infrastructure workforce development program;


• Authorization of feasibility studies and critical projects;


• Making publicly available USACE real estate assets as a means to help avoid sometimes lengthy Rivers and Harbors Act Section 408 approval processes, which delay Clean Water Act Section 404 permit issuance; and


• Rehabilitation of USACE constructed dams.

For additional information, please contact Sean O’Neill at [email protected], or (202) 547-8992.

The Joint Select Committee on Solvency of Multiemployer Solvency of Multiemployer Pension Plans (JSC) is working on a legislative framework for addressing the multiemployer pension crisis. The committee has concluded its scheduled public hearings and submissions for public stakeholder input ended earlier this week. The committee has spent considerable time focusing on the solvency of large distressed plans and the financial solvency of the Pension Benefit Corporation. However, the committee has spent less time examining the impact on reform changes to healthy plans or creating a framework for a future, sustainable retirement plans in the future, such as the composite plans.

Ahead of the committee’s deadline AGC joined a broad group of employers and employer organizations in a letter detailing the need for a comprehensive solution to the crisis. The priorities listed in the letter include support for composite plans, loans for plans otherwise headed to insolvency and opposition to changes to funding rules or premium or other contribution increases. The committee is expected to consider the proposal in earnest after the election and possibly consider a legislative package before the end of the year.

For additional information, please contact Jim Young, Senior Director, Congressional Relations- Labor, HR and Safety at [email protected], or (202) 547-0133.

On Aug. 16, the Department of the Treasury and the Internal Revenue Service published proposed regulations on the 20 percent pass-through deduction enacted in the Tax Cuts and Jobs Act (the tax cuts/reform legislation passed in Dec. 2017). AGC staff consulted with the Financial Issues Committee, and submitted comments to Treasury on Monday applauding some of the decisions in the proposed regulations, and calling for changes in others.

Specifically, AGC, applauded Treasury’s general approach to the regulations, and exclusion of construction from the definition of “specified service trade or businesses”. AGC also suggested some changes, including about how Treasury defines “trade or business” in the regulations, and suggested changes to their proposal on dealing with independent contractors.

AGC also provided input and comments to a number of coalition partners, including the U.S. Chamber of Commerce, the S-Corporation Association, the Parity for Main Street Employers Coalition, and the Real Estate Roundtable, that also submitted comments on the proposed regulations.

One of the most significant provisions of the new tax reform law is the inclusion of a new 20 percent deduction for the owners of pass-through businesses. AGC strongly supported this provision to ensure that the owners of pass-throughs received tax relief relative to businesses organized as C-Corporations, whose tax rate fell to 21 percent. While the legislation laid out the broad outlines of the deduction, as well as certain “guardrails” to prevent certain businesses from claiming the deduction, or preventing fraud and abuse, further guidance—i.e., this regulation—was needed from Treasury to actualize the deduction from concept to reality.

For additional information, please contact Matthew Turkstra, Director of Tax, Fiscal Affairs, and Accounting, at [email protected], or (202) 547-4733.

OSHA has awarded $9.3 million in one-year federal safety and health training grants to 74 nonprofit organizations nationwide, including AGC of America. The grants will provide educational and training programs to help employees and employers recognize serious workplace hazards, implement injury prevention measures, and understand their rights and responsibilities. The association, granted approximately $150,000, will provide 7.5 hours of fall prevention in construction training to 450 construction workers. Training will be offered in English and Spanish.

For additional information, please contact Nazia Shah, Associate Director of Safety & Health Services, at [email protected], or (703) 837-5409.

Sponsored by Willis Towers Watson

The purpose of the CSEA is to recognize those construction companies who excel at safety performance. CSEA will closely examine each candidate's commitment to safety and occupational health management and risk control. Unlike other safety award program that limits the criteria to frequency rates, the CSEA selection process is considerably more comprehensive. Each application will be reviewed for evidence of:

• Company management commitment


• Active employee participation


• Safety training


• Work site hazard identification and control


• Safety program innovation

Participants will be required to complete the application forms and submit them directly to AGC of America or through their local AGC Chapter. Members of the AGC Safety & Health Committee will review the submittals at the January conference each year. Then, the finalists in each divisional category will compete at the AGC National Convention for either a 1st, 2nd or 3rd place award. Finalists will have an opportunity to give an oral presentation in front of five judges. The first, second and third place awards will be determined after oral presentations. The winners will be announced at the Willis Safety Awards Breakfast during the AGC Annual Convention. CSEA Application Form

The 2019 Construction Safety Excellence Awards competition is now open. Click here for the application. You will be directed to Formsite, our application platform. To access the application, you will be asked to create an account. Applications are due on Friday, December 14, 2018.

For additional information, please contact Nazia Shah, Associate Director of Safety & Health Services, at [email protected], or (703) 837-5409.