Additional Insured | Illegal Immigration | Energy Efficiency Standards
Alternative Delivery for Counties | Alternative Delivery for Schools
Lien Laws | Holcomb Power Plant | AGC Whitepaper

Additional Insured- AGC continues to support legislation that prohibits language in construction contracts which requires that one party provide liability coverage to another party, as an additional insured, for such other party's own negligence.
Copy of Senate Bill 379

Illegal Immigration- Several pieces of legislation have been introduced addressing illegal immigration. AGC maintains the position that immigration is a federal issue and the first step to a sound immigration policy is to secure the nation's borders. AGC does not condone the hiring of illegal immigrants and will continue to protect businesses that unknowingly hire an unauthorized alien.
Copy of Senate Bill 458

Copy of House Sub for SB 329

Copy of House Bill 2921 (Coalition Immigration Bill)

Energy Efficiency Standards- Legislation was introduced requiring that construction of all new state buildings and public schools be designed and constructed and certified to achieve energy consumption levels that are at least 25% below the levels established under the ASHRAE standard or the IECC if these levels are life-cycle cost-effective for such projects.

Most importantly, the AGC has concerns with section 7(b) which requires the architect or designer, state agency or school district and the contractor or CM at-risk to investigage and determine the cause of faulure to achieve the engery standards set forth in the bill if over the previous year, the building doesn't operate at 85% energy efficiency. See Holcomb Power Plant for more.

Copy of Senate Bill 452

AGC Whitepaper on Alternative Delivery in the public sector- A task group made up of AGC members from various companies, large and small, met for a year and a half to develop a whitepaper that was approved by the Board in 2004. Below is a link to the AGC whitepaper on Alternative Delivery that is available as a resource for AGC members.

Copy of AGC whitepaper

Alternative Delivery for Counties- Legislation was introduced establishing guidelines for alternative project delivery methods for county construction projects. This bill was crafted using the exact same language as the AGC alternative project delivery bill passed two years ago for state agencies.

The guidelines set forth in this bill establish clear and objective selection criteria for the selection of a construction manager at-risk or design build procurement methods. AGC feels alternative delivery methods should be used on an exception basis and that the selection process should be open, objective and free from political influence.

Copy of Senate Bill 485

Alternative Delivery for Schools- Similar to the Alternative Delivery for Counties, AGC would like to establish the same criteria for the selection of CM at-risk or design build alternative delivery methods.

Senate Bill 642

Attorney General Opinion on the use of CM at-risk by school districts

Lien Law 20 Day Preliminary Notice- In this bill, second-tier subs and suppliers with contracts in excess of $15,000, within 20 days of providing goods or services for a commercial construction project must send a written notice to the general contractor that they will be performing work. The outline for the form, which is submitted by certified mail, is included in the bill draft.

This proposal was brought to AGC to inform the general contractor of all parties involved with the project. There have been some instances where a GC pays their subcontractor and that sub fails to pay their subs and suppliers, which results in a lien being filed on the project. To get the lien cleared up, the general has to pay twice for services. If a party fails to file the 20 day notice, they forfeit their lien rights until the notice is filed. Once the notice is filed, that subcontractor or supplier will have lien rights only for that portion of the labor, equipment, materials or supplies furnished within twenty days prior to the notice being served and any time thereafter.

SB 603- Lien Law preliminary 20-day notice

Holcomb Power Plants- AGC supports the construction of the Holcomb Power Station in western Kansas. However, both bills when introduced included the energy efficiency standards language that AGC opposes.

Both bills were passed out of committee without the energy efficiency language. AGC will continue to montior and ensure that this language remains out of both versions.

Copy of House Bill 2711

Copy of Senate Bill 515