Photo by AP Wideworld Justice Alito's ruling affirms forum clauses while also allowing courts to consider public-interest factors. Related Links: Text of Supreme Court's opinion http://enr.construction.com/policy/legal/2013/1014-supreme-court-hears-arguments-over-dispute-forum-selection.asp (ENR 10/14/2013 issue) All of the U.S. Supreme Court justices saw Atlantic Marine Construction Co. v. U.S. District Court for the Western District of Texas the same way, ruling 9-0 generally in the company's favor. But construction attorneys' interpretations of that Dec. 3 decision differ. Lawyers supporting each side call the ruling a victory.The case originated in a payment dispute between prime contractor Atlantic Marine Construction (AMC), Virginia Beach, Va., and subcontractor J-Crew Management
Related Links: Justice Dept. press release Bilfinger SE statement Ex-Willbros Consultant Sentenced for Nigerian Bribery (enr.com 5/16/2013) [Subscription] The German construction firm Bilfinger SE has agreed to pay $32 million to resolve U.S. federal bribery charges connected to contracts on a Nigerian natural-gas project, the Dept. of Justice said.The agreement, which DOJ announced on Dec. 9, is the latest development in a multi-year federal probe of the $387-million Eastern Gas Gathering ProjectBilfinger and DOJ said they have entered into a three-year deferred-prosecution agreement. The company, based in Mannheim, said it will admit it had violated the U.S. Foreign Corrupt Practices
Related Links: ENR Blog: House Bill Seeks to Keep Design-Build Short Lists Short Text of H.R. 2750 A House panel has heard industry officials' support for a bill that seeks to rein in lengthy short lists for federal design-build projects.The measure, which Rep. Sam Graves (R-Mo.) introduced in July, would bar one-step D-B procurements for projects of $750,000 or more. It also would require an agency head's sign-off for D-B short lists of more than five teams. There is no Senate bill yet, and Graves' proposal had just 11 co-sponsors on Dec. 9; but House federal workforce subcommittee Chairman Blake
Related Links: Rep. Blumenauer News Release on Introduction of Legislation Gas Tax Frequently-Asked Questions Several construction, transportation and labor organizations are supporting a House measure that would phase in a 15¢-per-gallon increase in the federal gasoline tax over three years. The bill would raise additional revenue to shore up the Highway Trust Fund.The bill, introduced by Rep. Earl Blumenauer (D-Ore.) on Dec. 4, faces an uphill battle. But the proposal is an important conversation starter, says Beth McGinn, American Road & Transportation Builders Association spokeswoman. She notes that the trust fund is likely to run out of money in 2014
Related Links: Bureau of Labor statistics release, with data tables AGC Chief Economist Ken Simonson's analysis and comments ABC Chief Economisg Anirban Basu's analysis and comments The construction industry’s unemployment rate improved in November, falling to 8.6% from October’s 9%, and also was down sharply from the December 2012 rate of 12.2%, the Bureau of Labor Statistics has reported.The latest BLS status report on the nation’s employment, released on Dec. 6, also notes that construction gained 17,000 jobs in November.All construction sectors posted jobs increases last month, led by residential specialty trade contractors, which added 7,100, and nonresidential specialty trade
Related Links: Text of Supreme Court opinion in Atlantic Marine Construction Co. v. U.S. District Court for the Western District of Texas Industry Awaits High Court's Ruling in Forum-Selection Case (ENR 10/21/2013 issue) Supreme Court Hears Arguments Over Forum Selection for Disputes (ENR 10/14/2013 issue) The U.S. Supreme Court has ruled unanimously in a case dealing with contract clauses that determine in which courts a dispute may be heard. But attorneys who specialize in construction issues are divided about what the decision means for the industry.In its opinion issued on Dec. 3 in the case, Atlantic Marine Construction Co. v.
Related Links: Labor Dept. Affirmative-Action Rules Draw Construction Groups' Ire ABC 11/19/2013 Lawsuit The Associated Builders and Contractors has filed a lawsuit that aims to halt Dept. of Labor final rules for federal contractors in hiring veterans and people with disabilities. ABC's lawsuit, filed on Nov. 19 in federal district court in Washington, D.C., seeks to enjoin parts of the rules, which are to take effect March 24. Geoff Burr, ABC vice president of federal affairs, said the agency exceeded its authority and set "wasteful and burdensome" requirements in collecting data and keeping records.The Associated General Contractors was able to
Photo Courtesy of U.S. Senate Photo Studio Boxer (center) is the lead Senate WRDA negotiator; Shuster (left) heads the House's negotiations. Related Links: Water-Resources Bill Heads for House-Senate Conference Webcast of Nov. 20 meeting of House and Senate conferees Negotiations to work out a new Water Resources Development Act have formally begun, with an upbeat first meeting of a House-Senate conference committee on Nov. 20. Now, the work moves behind the scenes as lawmakers and aides try to resolve differences between the bills each chamber passed by wide margins earlier this year. At stake are $8 billion or more in
Related Links: Sen. Reid's remarks on changing the Senate Rules The Democrat-controlled Senate voted 52-48 on Nov. 21 to cut the number of votes needed to confirm presidential nominees to agencies and judgeships to 51 from 60; the vote alters a long-standing rule.Senate Democrats said the change will ease the gridlock that has stalled nominees. But Senate Minority Leader Mitch McConnell (Ky.) says, if the GOP gains the Senate majority in the future, the move may backfire on Democrats.
It has been a long time coming, but the construction recovery seems to be almost here. The housing market has been keeping up construction growth, which is rebounding from record lows, but now many of the non-residential building markets are starting to turn the corner, making for many optimistic forecasts for 2014. The remaining drag on construction growth for next year is the public sector, which continues to be squeezed by the battle over the federal deficit.Some economists, however, see a silver lining even there. "The recession pushed millions of
