Reshaping the Construction Industry

A construction company in Washington state faces stiff fines for "numerous repeated safety violations" that reportedly "exposed workers to potential falls and other hazards at a residential construction site." The Washington State Department of Labor & Industries slapped J&I Construction with fines resulting from multiple violations. Now the company owes more than $200,000.More from the Insurance Journal:The three violations, each with a penalty of $42,000, were for not providing proper fall protection to three employees who were working on the top edge of a wall nearly 20 feet off the ground, and the company has been cited two other times for the same issue, according to L&I.J & I was also cited for three repeat violations for not having a plan outlining the fall hazards on the specific job, exposing workers to unguarded wall openings that they could fall through and for not ensuring that workers didn’t stand or step on the top of a self-supporting ladder. Each violation carries a penalty of $21,000.The company was cited for two additional repeat violations for not having railings on open-sided stairs to protect employees from falls ($5,600), and for not ensuring that employees wore hard hats where there was a danger of flying or falling objects ($4,200).   

Associated Builders and Contractors (ABC) announced yesterday that more than 170 of the top construction apprentices and trainees in the country will compete in the 30th annual National Craft Championships, March 1-2 during ABC’s Workforce Week ’17 in Fort Lauderdale, Florida.Competitors from 29 states will contend for gold, silver and bronze medals and a safety award in 14 competitions representing 12 crafts.  The two-day competition includes a written exam and a hands-on, practical test where competitors will demonstrate their high-level craftsmanship and best safety practices.“The National Craft Championships is a great opportunity to show off the exceptionally skilled and well-trained craftsmen and women that work on Associated Builders and Contractors member jobsites,” said 2017 ABC National Chair Chuck Goodrich, president of Gaylor Electric Inc. Indianapolis.  “ABC looks forward to showing off the very best the merit shop construction industry has to offer, including six Gaylor Electric apprentices, and drawing needed attention to the terrific career opportunities available in the construction industry.”  

Through their various trade associations, construction executives from all over Texas are letting state lawmakers know what they think about issues that impact the industry. The Texas Construction Association, the Associated Builders and Contractors of Texas, and other groups have compiled lists of reforms and proposed changes to state laws that they hope will be enacted during this legislative session. As you may know, the Texas Legislature only meets in regular session for five months every two years. There are some fairly complex policy questions involved, which is part of why lawmakers must first hear from those who are directly affected before any changes can be made during a limited time frame. This past week, I had the honor of speaking to contractors gathered in Austin for the Texas Construction Association’s bi-annual Walk on the Capitol. I've been pleased to be part of this great event for three legislative sessions in a row. This session, the TCA has prioritized reforms to the state’s lien laws, worker misclassification legislation, and other things.   

It is a game almost older than dirt, a “table stakes” game. Every contractor or sub has been tempted to play the game at one time or another to win a project. It is commonly known as “the grey bag,” or “this is the way it is played here,” or “I know that you are not the lowest, but…” or “if you will hire this consultant on the project, I will guarantee that you will get it,” or “if you will hire my cousin’s company as a sub on this project or that one, then I will help you get the project.”The legal profession knows it as “bribery” and even though it continues on projects around the country, the downside risk if you play is considerable.Two recent examples caught our eye. The first was reported in the Houston Chronicle. It involves a former Houston Independent School Board member and Chairman who, along with his co-defendants, were convicted of “tortious interference in a business relationship, bribery, conspiracy and a violation of the RICO statutes." The game involved collusion among the trustee, a contractor and a “consultant” to block the plaintiff’s attempts to get work from the school district. The game was that in order to get work, the bidder had to hire the consultant and pay fees.