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LEGAL ISSUES LAC – A Vital Resource to AGC


By Edmundo (Ed) A. Puchi PE., JD., AGC Legal Advisory Committee Chair


M


any articles have been published in this space regarding the challenges to


the construction industry during the tumultuous years of the recession, and now about the ongoing debate over the priorities for public infrastructure projects, among other issues. Tere is the issue of funding for the


much-needed infrastructure improve- ments in California, for starters. Te debate of whether to spend public dollars on high-speed rail projects or water resource projects, and whether the needed water projects should be storage facilities or delivery systems, is attracting a lot of attention in the media and on the political stage. In addition to those public policy


challenges, there are a host of other challenges in the legal arena that significantly impact the California construction industry. Te courts and legislature often appear to have the attitude that the construction industry should be made responsible for many of the problems facing this state. From prevailing wage requirements to liability for ills beyond a contractor’s control, recent and ongoing legislation and regulatory agency requirements continually add to the burden placed on this industry.


Keeping Members Informed Keeping abreast of these develop-


ments and assuring that the member companies of the AGC of California are properly informed of the ever changing rules and regulations is the primary purpose of the AGC Legal Advisory Committee (LAC). Tere are a wide range of services the LAC provides to AGC and its


members, including:  Proving prompt responses to members’ questions on legal and regulatory matters.


 Reviewing court decisions to 12 May/June 2016


evaluate the impacts on our industry and respond accord- ingly when determined necessary to protect the interests of AGC member contractors.


 Assuring that the association’s standard contract forms are up to date.


 Preparing legal briefs that are posted on the AGC of California website as well as legal articles for this annual legal issue of California Constructor.


 Assisting the Legislative Committee by reviewing proposed legislation and drafting legislation sponsored by the AGC to assure the interests of the industry are preserved.


 Members of the LAC also present educational programs throughout the year in support of AGC training efforts to further develop younger professionals in the construction industry.


Four LAC Subcommittees In order to assure the continuity


of these services, the LAC at its fall retreat last year established four


standing subcommittees:  Legal Hot Line Subcommittee,


 Amicus Subcommittee, which prepares the LAC recommen- dations to the AGC Executive Committee relating to “friends of the court” filings on behalf of the AGC. Ten following approval of the Executive Committee, this subcommittee will prepare and file the proper court documents on behalf of the membership of the AGC.


which provides prompt responses and limited free consultations to member companies.


 Legislative Task Force,


contractual rights of the member companies.


which provides assistance and advice to the Legislative Committee and the association’s legislative advocates. Te LAC has also reestablished its


live meeting format where members of the LAC will meet quarterly at a regional venue to provide networking opportunities to members within the host firm’s area. Te first meeting was held in San Francisco in conjunction with the American Bar Association Mid-Winter Construction Conference. In March, the LAC held a live meeting at the offices of Griffith Company in Brea, CA, and many LAC members in the Los Angeles area attended.


LAC Members Share Expertise Te members of the LAC who


volunteer their time and expertise to serve on LAC subcommittees should be recognized and whole-heartedly thanked for the service they provide to the association as a whole and to the respective members companies. Day in and day they provide expertise and advice for the benefit of the association and the construction industry as a whole.


Te LAC membership has grown


 Forms Subcommittee, which drafts new forms or revises existing AGC forms to assure compliance with recent regulations or to assure AGC standard forms address new legal developments that impact the


significantly in the past few years, but there is always room for further growth and greater participation. We urge all member companies, particularly those with general counsel on staff, to have their attorneys join the LAC. Active participation is vital to ensure that this valuable resource continues to thrive and meet AGC and its member needs well into the future. 


Ed Puchi, who recently retired from


MCM Construction, Inc., has actively participated in the Legal Advisory Committee for more than 20 years.


California Constructor


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