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Construction Industry White Paper: Project Stakeholder Best Practices for Material Volatility Mitigation
Author: Ronald D. Ciotti, Partner, Hinckley Allen, AGC of America, PIAC CommitteeSummary The construction industry has faced significant upheaval and uncertainty during the COVID-19 pandemic. This uncertainty has created volatility of material pricing and has been particularly disruptive to supply-chains. These conditions have placed many construction firms in financially precarious positions and brought projects across our nation to a halt. Prices being paid during the procurement phase in many
Improve Your Building Career? Improve Your Goals.
Improve Your Building Career? Improve Your GoalsBy William Ronco, Ph.D., Copyright Ó 2022 2 Observations Working with thousands of design and construction professionals over the past 25+ years, two things about goals are clear: You don’t have to have goals to simply earn a paycheck. There’s enough activity, good people and productive organizations to keep you busy and employed. Effective goal planning generates big rewards. If you take the time and effort to set and achieve goals, you’ll have a
Legislature Passes $4 Billion ARPA Funding Legislation
The Massachusetts Legislature has approved an appropriations bill to allocate $4 billion dollars in federal ARPA funds. The bill includes $90 million for marine port development, $150 million for the construction of new rental units for low-income individuals and $500 million to help reduce the deficit in the Unemployment Insurance Trust Fund for the purpose of reducing the tax burden on employers. The bill also earmarks $107 million for workforce development programs and $100 million to support public
Unemployment Insurance Trust Fund Commission
The special commission created to investigate the funding and the benefits paid through the Unemployment Insurance Trust Fund plans to finalize their deliberations in January and hope to submit recommendations to the Legislature regarding the steps that should be taken to maintain the long-term solvency of the UI Trust Fund. The commission is comprised of members of business and labor organizations which may make it difficult to achieve a majority consensus report. They have agreed on the goal of
Zero-Net Energy Goals in Jeopardy
Gov. Baker and the Legislature have committed to achieving net-zero emissions by 2050 with aggressive goals for utilizing renewable energy sources, eliminating greenhouse gas emissions, and banning the sale by 2035 of gasoline-fueled vehicles. Those plans were dealt a setback recently when the voters in Maine rejected a transmission project which would have brought renewable hydro-electric power from Canada through Maine and into Massachusetts. It is estimated the transmission project would have
Mental Health Resources for the Holiday Season…and Beyond Brought to you by the AGC MA HR Committee
While the holiday season can be a joyful time, it also can bring additional stress and depression into our already hectic lives. In its continued support of mental health in the construction industry, the AGC MA Human Resources Committee has compiled a list of resources that can help those that may be struggling during this time of year. Do whatever makes you most comfortable, but if you are struggling in any way, please seek help. You are not alone. Employee Assistance Program (EAP)An EAP program is
Kelly Scholler joins Elaine Construction as Senior Project Manager
Newton, MA – Kelly Scholler has joined Elaine Construction Company as Senior Project Manager. “Kelly’s background as a field engineer working on-site, and in the office, analyzing cost data, executing contracts, and vetting requisitions and change orders for projects in Lab, Healthcare, Commercial Office, and Luxury Residential give Kelly a broad sector understanding. “Kelly’s strong engineering skills are of particular importance, as our Client’s investigate major infrastructure upgrades, across
Zack Stevenson joins Elaine Construction as Project Manager.
Zack Stevenson joins Elaine Construction as Project Manager. Newton, MA – Zack Stevenson has joined Elaine Construction Company as a Project Manager. Stevenson brings focused experience in the MEP discipline, including with alternative deliveries designed to collaborate, expedite, and deliver systems that are right-sized and cost effective on behalf of Clients. He will bring these complimentary skills and expertise to Elaine’s growing academic, and corporate and commercial sectors. Prior to joining
Milwaukee Tool Donation
Wellesley, MA: On October 28, 2021, as part of its comprehensive work force development initiative aimed at introducing high school students to the commercial construction industry, the Associated General Contractors of Massachusetts (AGC MA) in collaboration with Milwaukee Tool, donated a variety of high-quality carpentry tools and safety equipment valued at more than $15,000 to Madison Park Technical Vocational High School (MPTVHS) To celebrate the donation AGC MA hosted a luncheon at Madison Park
Peckar & Abramson, P.C. Grows National Construction Practice with Opening of Boston office
Peckar & Abramson, P.C. Grows National Construction Practice with Opening of Boston office and Addition of Top Litigation Team Boston, MA – September 13, 2021 – Peckar & Abramson, P.C. (P&A) is pleased to announce the opening of its newest location at 28 State Street, Suite 1802 in Boston, and the arrival of accomplished construction and commercial litigation partners, Richard E. Briansky and Amy B. Hackett, to the firm. “For nearly 44 years, P&A has provided industry leading legal services to
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Elaine Construction Promotes Tony Leonard
Elaine Construction Company announced the promotion of Tony Leonard to VP of Operations. Tony joined Elaine Construction in early 2019 as Project Executive, and was quickly promoted to Director of Project Management. His understanding of client challenges, LEAN operational principles, and employee development, bring the expertise necessary for the advancement of our team and expansion of the business. This insight, coupled with his natural desire to coach and mentor, make him a superior fit for his new
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Wage Theft Legislation Passes in New York
The New York State Assembly recently passed anti-wage theft legislation similar to bills currently before the Joint Committee on Labor and Workforce Development at the Massachusetts State House. Five other states including California, Nevada, Maryland, New Jersey, and Virginia have also passed similar legislation.This is why the AGC MA has been working with the North Atlantic State Regional Council of Carpenters to forge a compromise to the wage theft language currently at the State House.The original
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Millionaire’s Tax Likely to Be on Ballot for 2022
After a technical oversight by progressive activists derailed the original ballot question on the millionaire’s tax, business groups face long odds in defeating this question the second time around.In 2018, the ballot question appeared to be headed to voters until the MA Supreme Judicial Court sided with business groups who said the question was unconstitutional. Under the rules for Ballot Initiatives, the questions must have subjects that are related or mutually dependent. The original question levied a
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Clarity on Boston Mayoral Candidates Backers
A little more than halfway through the Boston Mayoral and some front runners are beginning to finally emerge. This comes as some interest groups begin to press candidates on their positions on certain topics. The Carpenters Union and two Developers have formed the Responsible Development Coalition to push the candidates to take a pledge to support development. In addition the Boston Chamber of Commerce recently published a breakdown of the candidates’ views on various issues including development. However
AGC MA - Mask Mandate Information
The Associated General Contractors of MA (AGC MA) has received a substantial number of inquiries regarding the upcoming ending of the statewide mask mandate. Construction employers are facing the difficult question of balancing the elimination of mask mandates with issues of liability. For instance, employers are trying to decide if they will continue to require masks, require proof of vaccination, and/or allow employees to work as they choose. On May 29, 2021 the Commonwealth’s face-covering order will
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AGC MA Appoints John Ferrante as New CEO
The Board of Directors of AGC MA is pleased to announce John Ferrante as the newly appointed Chief Executive Officer. John succeeds Bob Petrucelli who served as CEO for the past 34 years. Bob stated, "I have had the opportunity to collaborate with John on several legislative and industry initiatives over the past 5 years during his time at BTEA. In fact, we have already spoken several times and are planning for a smooth transition....John will make a terrific CEO." For the last 5 years, John has been
AGC MA 2020-2022 Board Announced
AGC MA is pleased to announce Francis Colantonio, Chair & CEO, Colantonio, Inc. has been named 2020-2022 Board Chair of the Associated General Contractors of Massachusetts (AGC MA). Fran previously served as 2018-2020 Vice Chair of the Board.AGC MA is an 85-year old not-for-profit trade association, comprised of 200 CM/GC’s, Subcontractors and Service Providers who perform a majority of the commercial, institutional, and public vertical building in the Commonwealth.“We look forward to Fran’s new term as
Reflecting Reality: 4 Major Modifications in the AIA A133-2019 Update Lexie Rae Pereira, J.D./M.B.A
"It is no secret that the construction industry is sometimes slow to adopting technological advances; however, some contractors are quick to embrace change. By swiftly adapting to updates to the American Institute of Architects ("AIA"), some contractors have the ability to reap the benefits of embracing change. One of the most recent AIA updates involves the AIA A133-2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus
BEST PRACTICES FOR REDUCING RISK IN DESIGN-BUILD DELIVERY | Jason Theberge, Commodore Builders
As design-build becomes a more common method for delivering construction projects, it is critical to understand the best way to ensure project success and reduce risk. In choosing the design-build project delivery method, an Owner benefits by having a single point of contact and responsibility for a project. Design-build is also attractive to an Owner because it allows early input and collaboration between the construction team and design team, which leads to improvements on costs and schedule.
MESSAGE FROM THE EDITOR V5 |Tom Dunn, Partner, Pierce Atwood LLP
Professional associations like the AGC are invaluable during challenging times like we have been experiencing with COVID-19. They provide community and a forum for discussion and sharing of resources. AGC MA has “hit it out of the ballpark” during the past few months with its programs and initiatives, including: The AGC MA Risk Forum highlighted by Molly Manson and Lexie Pereira. Through these bi-weekly calls, members engaged with attorneys and other professionals regarding the ever changing COVID-19
Safety Best Practices During COVID-19 | Shaun Carvalho, Vice President, Safety Shawmut Design and Construction
At Shawmut Design and Construction, the safety of our people and jobsites is our top priority. Following the first known confirmed case of COVID-19 in the U.S., Shawmut put protocols in place and closely followed the CDC for guidance. We created a cross-functional COVID-19 Crisis Team with a virtual command center that is constantly monitoring developments by the minute—helping to guide actions as necessary. By proactively tracking conditions, we provide constant guidance and communications to our on-site
CPPI Coverage: An Innovative Response to the Design-Build Dilemma Andy O’Brien, Construction Risk Partners
As Design-Build delivery continues to gain momentum in the construction industry, contractors are forced to reevaluate the measures they take to manage risk. Many contractors are simply unaccustomed to assuming ultimate responsibility for design-related risk on a project. Many more are surprised at how challenging it can be to adequately transfer the entirety of this risk down to the appropriate design professionals. It’s not uncommon that on even the largest projects, the prime design firms are only
Business NOT as Usual: Navigating Business Development during COVID-19 | Lisa Frisbie, AGC MA
It has been challenging for business development professionals to find ways to stay relevant and connected to clients and project management teams. In a Google search for best business development quotes, I was amazed at how many apply perfectly now. For example: “Out of your vulnerabilities will come your strength.” Sigmund Freud “Every problem is a gift — without problems we would not grow.” Anthony Robbins "All progress takes place outside the comfort zone." Michael John Bobak We are certainly
Subcontracting Comment – Using Master Subcontracts as One Part of a Strong Partnership with Subcon | Paul James, Sr. V.P. Risk Management & General Counsel, BOND
One of the most fundamental features of operating as a general contractor or construction manager (GC/CM) involves use of a wide variety of types and formats of contract agreements needed to deliver a project. Starting with the prime agreement with the project owner there are typically many subsidiary agreements with the various parties we contract with to fulfill our obligations to the owner. These parties range from consultants and service professionals to material and equipment suppliers and various
Is Integrated Project Delivery the Right Fit for the Next Project with Your Trusted Business Partner? | Joubin Hassanein, Director, IPD & Lean Practice Shawmut Design & Construction
The ancient master builder was considered a design-build individual. The master builder was an oracle of the sciences, arts, crafts, and all things related to the build environment. In the 1900s, the master builder role split into two distinct roles: (1) the architect who was responsible for design only, possessing limited knowledge on how buildings were really built and (2) the contractor who was solely responsible for construction with very little understanding of design. Partially due to this
Daily Huddles Lead to Successful and Safe Projects | Bob Kunz, Corporate Safety Director Dimeo Construction Company
A multitude of reasons account for differences in safety, productivity, and quality in the building construction industry. Factors include schedule, complexity of design, weather, availability of an experienced, knowledgeable and skilled workforce, and the jobsite safety climate. An effective tool to manage the downstream effects of these impacts on safety, schedule, and budget is the daily huddle. The incorporation of daily huddles into the daily work tasks of field management is an effective way to
Virtual Design & Construction Practice Guide | Alicia Cox, VDC Manager, Jack Moran, LEED AP, Manager of VDC Services Consigli Construction Company
The use of Virtual Design and Construction (VDC) technologies is an increasingly integral part of design and construction practices. While the use of Building Information Modeling (BIM) and other VDC technologies have been standard practice at Consigli for more than ten years, new technologies and applications are continuously emerging – some are good, and others are solutions looking for a problem. Companies must develop a process to research and evaluate the value of these new tools on an ongoing
Mitigating the Risk of Residential Construction | Tyler Oaks, Sr. Account Executive, Construction Risk Partners
It’s no secret that the residential sector has been one of the driving forces behind New England’s recent construction boom. The continuous urbanization movement making cities like Boston more habitable have given rise to countless apartment and condominium projects. Although all projects regardless of size and scope warrant careful risk management considerations, residential work can be particularly challenging. The insurance marketplace generally views residential risk as unfavorable driven primarily
Navigating the Change Order Process Through the Eyes of an OPM | Christy Murphy, Senior P.M., Compass Management Inc
We have all seen the picture of the dinghy named “Original Contract” attached to the yacht named “Change Order”. Throughout the history of construction, there are likely many instances where this has been the case, but it doesn’t necessarily mean that it was unjustified or even an overly inflated change order value. The truth is that change orders are a necessity in construction contract administration and are born out of a variety of situations and reasons. As an OPM, we see it as a critical part of our
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A Message from the Editor, 2nd Edition | Tom Dunn, Construction Lawyer, Pierce Atwood, LLP
Deliberative Communication is the theme of this edition of AGC’s Building Best Practices publication. We all have our routines, specialty areas, comfort zones, and standard forms/practices, but what happens when we or our employees travel outside those lanes or when we lose even a momentary focus within them? Maintaining a spirit of continuous learning, improvement, and awareness throughout the construction process on each job we tackle helps us stay in the moment and engage with other members of the
A Message from the Editor, 1st Edition | Tom Dunn, Construction Lawyer, Pierce Atwood, LLP
I am thrilled to contribute to the AGC’s Building Best Practices and honored to write in the inaugural edition. Our goal with this quarterly newsletter is to share the best practices developed by our members and to propose new strategies or ideas to improve the construction industry in Massachusetts. Whether done through case studies, tips, articles, or sample documents, it is our intention to spark an increased dialogue about ways we can improve construction processes for AGC MA members. Our
10 Tips Construction Companies Should Know About Crisis Communications | Susan Shelby, FSMPS, CPSM, President & CEO, Rhino Public Relations
Construction firms designate time and resources to safety programs, equipment, and coordinators, yet often neglect to plan for how to handle a crisis. Even with safety precautions and good business practices, accidents happen. How would you respond to a reporter asking about a construction incident involving your company? A crisis or unexpected event that focuses media attention on your firm can be disruptive to normal business operations and have a real or perceived negative impact upon your company.
SNAPSHOT in TIME: The Daily Report | Jackie Falla, Director of Client Services, Elaine Construction
If you’ve ever been tasked with reading or writing a daily report, it may not rank high on your excitement meter. Perhaps, so was reading Shakespeare in high school, as it is often difficult for students to find the relevance of the ancient script to their 21st century existence. Yet, as we all eventually learn, Shakespeare’s writings contain timeless themes that have an undeniable lasting impact. So too are those of the daily reports. Not designed for their poetic delivery of information, they are no
G4S Technology LLC v. Massachusetts Technology Park Corporation
In a case closely watched by the construction industry, the Massachusetts Supreme Judicial Court (“SJC”) has overturned a Superior Court’s decision barring any recovery by the general contractor G4S (the “General”) against the project Owner because the General had intentionally and falsely certified that subcontractors had been timely paid when they had not. Although the decision overturns case law going back over 100 years that strictly limited the circumstances under which a contractor can recover for
Gilbane’s Michael O’Brien Named Board Chairman of Associated General Contractors of Massachusetts
Michael O’Brien, vice president and Massachusetts operations manager of Gilbane Building Company was named 2018-2020 Board Chairman of the Associated General Contractors of Massachusetts (AGC MA) at the organization’s 82nd Annual Meeting at the Wequassett Inn on May 4. Mike previously served as 2016-2018 Vice Chairman of the Board. AGC MA is an 83-year old not-for-profit trade association, comprised of 200 CM/GC’s, Subcontractors and Service Providers who perform the majority of the commercial,
Support AGC MA’s Legislative Efforts by Contributing to the AGC MA PAC
Over 7,000 bills are filed for each two-year election cycle on Beacon Hill by competing interest groups. The AGC/Mass PAC (Political Action Committee) was created to advance AGC’s legislative agenda to advance & protect your interests at the State House. Specifically, the AGC/Mass PAC: Enables AGC to contribute to candidates who support AGC’s legislative agenda on Beacon HillEnables AGC Staff and Lobbyist access to key legislators and their staff at political fundraisersEnables AGC to secure follow-up
