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July 12, 2024

Thanks to all who joined us in Duluth!


The AGC Board of Directors and staff had a great time networking with members and prospective members at Hoops Brewing in Duluth this week!


Click to view photos from the event.

LEGISLATIVE & LEGAL NEWS

Summer Mini Summit


Join us NEXT WEDNESDAY, July 17 for a half day event, providing updates from state department leadership and expert attorneys on timely legislative and legal topics.


CLE credits have been applied for.


FREE to AGC members / $100 for non-members (subject to availability).


VIEW AGENDA & REGISTER

7:30 a.m Continental Breakfast at the AGC Office sponsored by:

Featured Presenters:

Nicole Blissenbach

DLI Commissioner

Karen Bugar

DLI Administrative Director

Mark Becker

Fabyanske Westra Hart & Thomson

Kyle Willems

Bassford Remele

Nena Lenz

Fredrikson & Byron


Phyllis Karasov

Larkin Hoffman

Nic Puechner

Larkin Hoffman

Recent Developments Involving the LEG-3 Extension to Builders’ Risk Coverage

 

The LEG-3 Extension replaces the standard builders’ risk workmanship exclusion with a much narrower one. It is widely regarded as policyholder-friendly, excluding only improvement costs following a loss. Recently, insurers have attempted to limit the LEG-3’s scope, but two federal courts have rejected these attempts. This article discusses those cases and their implications for policyholders.


Click here to read more.


Matthew G. Nelson is an associate of the Fabyanske Westra Hart & Thomson's Construction Law Department. He can be reached at 612.359.8611 or mnelson@fwhtlaw.com.

AGC Form Contracts Committee Open Call


AGC’s form contracts committee will meet after learning about the new laws from the Summer Summit and update the contracts as needed. Participation on the contracts committee is open to all members, valuing representation among large and small contractors, in-house and outside lawyers and contract administrators, estimator and project managers, and others. Contact Mike if you'd like to participate.

DIVERSITY, EQUITY, & INCLUSION (DEI) NEWS

MnDOT small business preference cap increases


Starting Aug. 1, 2024, certified Targeted Group Businesses and Veteran-owned Small Businesses may receive a preference of up to 12% of the amount of a bid when bidding as a prime contractor on MnDOT construction contracts. The preference amount is not to exceed $240,000.


All business must submit a Preference Request Form prior to the close of the letting to receive the preference on their bid.


MnDOT applies the preference when evaluating proposals to determine the low bidder. The contract value is in the full bid amount.


This preference increase helps certified small businesses owned by veterans, women, and minorities when competing for state-funded construction contracts. It also aligns with the Department of Administration small business preference cap.


More information

GENERAL NEWS

WCA Rulemaking and 2024 Statute Changes


The Board of Water and Soil Resources (BWSR) is in the process of updating the WCA rules (MN Rule Chapter 8420). Two requests for comments have been published in the state register and an advisory committee has been established. Information on the requests and advisory committee meetings can be found here.


WCA Statute Changes. After three meetings of the advisory committee and other outreach, staff have begun writing an initial version of the draft rule language. However, during that time, the 2024 MN legislature passed several amendments to WCA statutes. 


  • The 2024 WCA statute changes were largely in response to recent changes to the federal “Waters of the US” rule and associated reductions in jurisdiction of Section 404 of the Federal Clean Water Act. An interagency assessment of these rule changes and potential impacts to Minnesota can be found here.


  • A written summary and a recorded overview of the 2024 WCA statute changes can be found here.


  • Questions about the 2024 statute changes can be e-mailed to BWSR staff (see link above bullet), which will then be addressed in a webinar scheduled for 9:00 am on July 22. Details of the webinar will be posted on the BWSR website soon, and it will be recorded and subsequently posted on the BWSR website for those who cannot attend.


WCA Rulemaking. Due to the 2024 statute changes, the WCA rulemaking schedule has been adjusted to accommodate the following:


  • State Register Request for Comments. A new request for comments was published in the state register today, adding the 2024 WCA statute changes to the scope of rulemaking and requesting public comments. The state register publication can be viewed here (see page 31). The deadline for submitting comments under this request is August 12.


  • Incorporation of the 2024 Statute Changes. After the comment period has completed, staff will begin incorporating the 2024 statute amendments into the WCA rule, which will be followed by further public outreach and meetings of the advisory committee to review the draft rule language.

TWO Constructability Review Requests:


Veteran's Memorial Bridge Project


MnDOT is asking potential contractors to assist with evaluating construction staging/access and risks to delivering this bridge re-deck project. Contractors who wish to participate in providing feedback are asked to do their due diligence learning about the project and come prepared to discuss the questions provided. The meetings are expected to last approximately 90 minutes. More information here.


July 16-19, 2024 has been selected as the Department’s desired time period for constructability reviews. Please contact Glen Coudron, MnDOT’s Project Manager to schedule a meeting.

Interstate 94/35E, St. Paul


MnDOT is preparing plans for the repainting of 11 bridges along I-94 between Western Ave. and Mounds Blvd. and I-35E at 10th St beginning in summer 2025. The project will also reconstruct the John Ireland bridge over I-94 and a new overlay on the Marion St bridge. This project is currently scheduled to be let in March 2025 with an anticipated construction start date of June 2025 and continuing through 2026. More information here.


July 29-30, 2024, has been selected as the Department’s desired time period for constructability reviews. Please contact Eric Embacher, Resident Engineer, to schedule a meeting.

Volunteer Opportunity for Signatory Contractors


Opportunity: MN Trades Academy, in partnership with Junior Achievement North, is hosting a Career Day for MN Trades Academy interns who will practice their interview skills and hear from construction industry experts. 


Where: Junior Achievement North - 1745 University Ave W, St. Paul MN 55104


When: Monday, August 12, 8:30am - 1:00pm (lunch provided)


Needs: Volunteers from signatory construction firms


The Experience: Volunteers will interview 3-4 interns, provide feedback, and participate in a networking opportunity for interns


View the flyer or sign up to volunteer here! Volunteers are requested to sign up by July 24. Questions? Contact Lindsay Tallman at 507-458-3131.

Communication Credentials Session 2:

Managing Difficult People


It can be difficult for professionals to feel heard, be taken seriously, manage critical relationships, or have the courage to address inappropriate comments at their own expense.


That’s why you need to learn and practice specific power phrases to help manage any difficult conversations at work, and still preserve your reputation.


In this session on September 19 we’ll cover:


  • The theory of power phrases and how they help amplify your voice while staying true to who you are.
  • Common biased scenarios and the power phrases you can use to change topic with ease and power.
  • How to respond to unreasonable requests and behaviors from clients (such as quick turnarounds, ignoring protocol, and refusing to pay debt obligations).
  • How to say what you want and maintain a respected position of power while overcoming project delays or errors and promoting yourself and your team.
REGISTER

AGC of America Virtual Member Orientations


Are you taking advantage of all the benefits an AGC membership gives you? All members are welcome to take part in these virtual sessions (via Teams) that will highlight the discounts and other benefit programs available to all members.


MENTAL HEALTH NEWS

It's Time to Make Mental Health an Industry Priority


Great progress has been made in a short time to increase awareness of the construction industry’s mental health crisis. More recently, the concept of worker wellbeing has emerged, transcending an individualized focus on helping those already in crisis, and instead proactively identifying and working to mitigate the stressors found in our unique industry business model with its inherent demands.  


Spearheaded by AGC, the Worker Wellbeing Initiative Strategy Team has embarked on a comprehensive strategy approach that brings together all three industry partner segments (employers, workforce, and project owners) to foster a secure and healthy work environment for all construction industry workers. Engaged and productive dialogue is being focused to identify proactive measures that can reduce industry mental health stressors before they take hold and manifest in crisis outcomes. This holistic approach aims to tackle the mental health crisis that is hindering growth within our industry by prioritizing mental health on parallel with physical safety and wellbeing.

JOIN THIS IMPORTANT WORK TODAY!

EVENTS & NETWORKING

Registration is open for all of the following events.

Secure your sponsorship or registration before events are sold out!

Summer Mini Summit

(MN Senate Building | St. Paul)


Join us for a mini summit on July 17 to provide updates on significant legislative changes and more! 

Golf Tournament - August 2

(Keller Golf Course | Maplewood)


SOLD OUT for golfers, but great sponsorship opportunities still available!

St. Paul Saints Game - August 7

(CHS Field | St. Paul)


Join AGC and MBEX members for an afternoon of Minnesota Twins AAA baseball against the Columbus Clippers!

Sporting Clays Fundraiser - Sept 11

(Minnesota Horse & Hunt Club | Prior Lake)


Register your team of 5 to join us at the 25th Annual Sporting Clays Fundraiser to benefit the AGC of Minnesota Foundation!

Communication Credentials:

Managing Difficult People - Sept 19

(Mendakota Country Club | Mendota Heights)


Join us for Session 2 in this 4-session professional development series!

Fall Networking Event - October 10

(Somerby Golf Club | Byron)


Join the AGC Board of Directors and your industry colleagues for some informal networking!

Holiday Reception - December 4

(Minneapolis Event Center)


Raise a glass to another year in the industry together with your peers!

AGC Honors 2025 - February 18

(317 on Rice Park Event Center | St. Paul)


Join us as we honor award recipients!   

ATTENDEES:

2025 Minnesota Construction Summit

February 19-20

(St. Paul RiverCentre)


Don't miss the industry event of the year! 

SPONSORS & EXHIBITORS:

2025 Minnesota Construction Summit

February 19-20

(St. Paul RiverCentre)


Don't miss the industry event of the year! 

MEMBERSHIP NEWS

Thank You to our 2024 Annual Partners!

EVENTS

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