Maurice Baskin of Venable LLP, ABC's General Counsel.  The DOL’s Job Corps Center PLA was believed to be the first government-mandated PLA on a federal construction project since Obama issued an executive order encouraging their use on federal projects.  The bid protest challenged the legality of the federal government’s recent shift in federal procurement policy concerning the use of discriminatory and costly PLAs.

“There is no justification for playing favorites in the government procurement process,” said ABC President and CEO Kirk Pickerel. “We hope that other federal agencies will heed this example and recognize that PLAs only result in delayed construction and harm to taxpayers. ABC will continue to protest any attempt to impose PLAs on federal construction projects in violation of competitive bidding laws.”

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ABC After-Hours --- No Program ? No Cost ? No Problem 

ABC is hosting an After Hours Networking Event for Members and their Guests.   

Sponsored by: 

CONSTRUCTION LABOR CONTRACTORS (CLC)

JOHNSON DRYWALL

LUND-ROSS CONSTRUCTORS

RSC EQUIPMENT RENTAL

SPENCER, FANE, BRITT & BROWNE, LLP

 WATKINS CONCRETE BLOCK 

When:           November 19, 2009 --       4:30 to 7:00 p.m.Come and go as you please.

Where:          D. J.’s Dugout

                       636 North 114^th Street

                        (North of 114^th & West Dodge)

Cost:           Two Of Your Business Cards 

All ABC Members and their Guests are FREE with two business cards, thanks to our Sponsors!

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2008 BUSINESS PARTNER OF THE YEAR: Please find below a press release from our 2008 Business Partner of the Year. They have dedicated a fleet consultant, Nick De Buyl, to our chapter.

March 9, 2009, St. Louis – Associated Builders and Contractors (ABC) presented its 2008 National Business Partner of the Year award to Enterprise Fleet Management, a full-service fleet management company for businesses with medium size fleets.  The award was presented during ABC’s 2009 National Convention in Honolulu. 

Enterprise was recognized by ABC for helping members save more than $60-million on fleet vehicle acquisitions by negotiating and administering discount programs with automobile manufacturers and helping ABC recruit more than 1,000 new members for local chapters nationwide. 

Kirk Pickerel, President and CEO of ABC, said, “ABC has for more than five years had a great relationship with Enterprise, so we are especially pleased to honor Enterprise Fleet Management as our National Business Partner of the Year.”

If you have any questions about our partnership with Enterprise Fleet Management, feel free to contact me or Nick DeBuyl, Fleet Management Division, 913-522-4576 cell, 913-384-7211 office or his email at nicolas.debuyl@erac.com.

ABC MEMBERS CAN EXPECT A MIXED ECONOMIC OUTLOOK IN 2010: ABC members can expect a mixed bag in terms of construction activity in 2010, according ABC’s Nov. 9 construction economic outlook.  Federally funded projects, such as water/sewer and road resurfacing projects, are likely to see a stable 2010, although others less aligned with federal spending will have a tougher year.

“While the industry battled the effects of the recession in 2009, expect 2010 to be a transitional but sluggish year on the road to recovery,” said ABC Chief Economist Anirban Basu.

On the jobs front, in 2010 the nonresidential construction industry is expected to see job loss decelerate and slowly turn around.  ABC expects employment to be down only in the mid- to high single digits on a year-over-year percent change basis compared to a recent 12-month period that saw nonresidential construction employment down 13.2 percent, and heavy and civil engineering down 12.6 percent.  In addition, the stimulus-related activity that began manifesting itself in ABC’s Construction Backlog Indicator in May 2009 will continue to steadily translate into actual construction spending into the next year and further. 

The outlook for materials prices looks to be roughly flat next year after falling nearly 8 percent between August 2008 and August 2009, although a sharp downturn in the dollar could generate increases even in the presence of a still weak U.S. construction economy, according to ABC’s outlook.  “Construction firms should prepare for 4 percent to 6 percent growth in construction costs per annum during the next several years, which is considerably slower than the two-year average for 2008 and 2009,” Basu said.

LEARN ABOUT NEW GOVERNMENT CONTRACTING PROVISIONS DURING NOV. 19 WEBINAR: ABC members are encouraged to attend the Nov. 19 webinar, “Complying with Buy American Provisions: Requirements, Certification and Implications,” to learn about the new federal procurement regulations at a federal level.  During the webinar, David Ralston of Foley & Lardner, LLP, will discuss Buy American provisions that require construction companies on government contracts to use domestic construction materials.  Ralston will also address the Office of Management and Budget guidance and federal agency regulations implementing the requirement at the state and local levels through Recovery Act grant conditions.

Additionally, attendees will learn about the Buy American certification process that has been imposed on prime contractors of Recovery Act-funded projects, including how to complete the certification to comply with the provision. Ralston will examine how to approach achieving certification from the prime contractor and supplier contracting tiers.  For more information about the “Complying with Buy American Provisions: Requirements, Certification and Implications” webinar and to register, click here.

IMMIGRATION UPDATE:Recently, a federal court in Chicago dismissed a lawsuit brought by one construction company against a competitor under the Racketeer Influenced and Corrupt Organizations Act (RICO).  The defendant contractor hired many Polish immigrants, classified them as independent contractors rather than employees, and did not require them to fill out a Form I-9.  The plaintiff contractor was outbid by a substantial amount by the defendant contractor on a six floor building and, thereafter, sued based on a RICO violation.  The federal judge concluded that a RICO action would apply only if the defendant contractor illegally brought the illegal aliens into the country to perform work and did not apply to the “mere unlawful employment of aliens.”  RICO actions are a very powerful weapon in litigation and can be very expensive to defend and even more expensive for the losing party.  The fact that a RICO action was filed by one contractor against another contractor in an illegal immigration situation underscores the increasing attention this issue is receiving from contractors in addition to government regulators.  As a consequence, all construction industry contractors should be very careful to properly classify workers and to obtain properly documented I-9 forms on all employees.  As employers in all industries, including the construction industry, wait for comprehensive federal legislation in the immigration area, the filing of this RICO action indicates that more litigation may be expected from within the industry itself on this “hot topic.”                               By Bill Harding, Chapter Attorney 

Training Classes

Management & Safety Class Schedule

NOVEMBER & DECEMBER 2009

OSHA 10 Hour Class

OSHA requires a competent person on all job sites.  This course ensures that your people have the necessary training to comply with OSHA standards CFR 1926.32(f) for a competent person. Training includes OSHA Construction Standards CFR 29 1926, Scaffolds, Ladders and Stairways, Housekeeping, Personal Tools, Electrical Hazards, Fall Protection, Materials Handling, Hazardous Communications and much more!

**CFR 192 OSHA Regulations Book for the Construction Industry with new steel erection standards will be available for $25.00** each for class participants.

$135.00 each attendee – Member Price/$240.00 each attendee – Non-Member Price

¨      November 19, 2009 – 7:00 a.m. – 5:30 p.m. – NORFOLK

¨      December 3, 2009 – 7:00 a.m. – 5:30 p.m. – KEARNEY

¨      December 10, 2009 – 7:00 a.m. – 5:30 p.m. – OMAHA

¨      December 11, 2009 – 7:00 a.m. – 5:30 p.m. – LINCOLN

30 Hour OSHA Class

Federal Law requires each company have a designated trained safety coordinator.  This will give your foremen, supervisors, safety directors or safety coordinators the expertise to comply with all OSHA and State requirements.  This is an in-depth look at CFR 1926 and 1920 and NE 757 as they affect construction. Price includes study materials

$395.00 each attendee – Member Price / $595.00 each attendee –Non-Member price.

¨  November 24, December 1, 8,  2009 – 7:00 – 5:30 p.m. - LINCOLN

First Aid/CPR Classes

$50.00 each attendee – Member Price/$60.00 each attendee – Non-Member

Recertification only - $40.00 each attendee – Member Price/$50.00 each attendee – Non-Member Price

¨  November 17, 2009 - 7:00 – 1100 a.m. – OMAHA

¨  November 18, 2009 - 7:00 – 1100 a.m. – NORFOLK

¨  November 20, 2009 – 7:00 – 11:00 a.m. – LINCOLN

¨  December 2, 2009 – 7:00 – 11:00 a.m. – KEARNEY

¨  December 8, 2009 – 7:00 – 11:00 a.m. – LINCOLN

¨  December 9, 2009 - 7:00 – 1100 a.m. – OMAHA