Who’s on the hook for design defects in design-build projects?  It may not always be who you think. In this episode, Dirk Haire, co-chair of Fox Rothschild’s Construction Law Practice Group, and David Hecker, group general counsel overseeing all claims, litigation, and investigations for Kiewit Corporation, share their wealth of knowledge on design-build risk. Find out when and why contractors do not always bear the risk of design errors or omissions on a design-build project.  This episode explains design-builders’ liability standard and discusses certain types of overreach by owners that merit pushback from design-builders.

This podcast episode will help you:

1.	Understand the differences between design and performance specifications and how they may govern design liability on a design-build project.
2.	Determine when the Spearin Doctrine applies to design-build contracts.
3.	Identify cases where a design-builder has received equitable adjustment for defect designs, as well as examples of cases where the design-builder incurred liability for design.
4.	Learn how contracting officers’ actions and federal contracting rules and regulations can dramatically raise a design-builder’s risk exposure. 

Guests:
Dirk Haire, Fox Rothschild LLP - https://www.foxrothschild.com/
David Hecker, Kiewit Corporation - https://www.kiewit.com/
Brian Perlberg (co-host), AGC of America - https://www.agc.org/contract

Resources:
AGC 2022 Convention Slides – https://www.agc.org/sites/default/files/Files/AGC%20Design%20Build%20Presentation%20March%202022(132260853.1)-C%20(1).pdf
AGC Article -- Unfair Risk Allocation on Design-Build Project: https://www.agc.org/news/2022/05/23/unfair-risk-allocation-design-build-projects
AGC Article -- When is the Price Right? Setting the GMP for Design-Build: https://www.agc.org/news/2022/06/27/when-price-right-setting-gmp-design-build
AGC design-build page -- https://www.agc.org/design-build

ConstructorCast - Assessing Design Build Risk

On this episode of ConstructorCast, we spotlight success stories and provide actionable strategies for creating a more diverse and inclusive future within the construction industry.  You’ll hear from our guest host, Jorge Quezada, and two winners of this year's AGC Diversity & Inclusion awards program – Brad Lewis of Hensel Phelps and Judith Monrouzeau of Bermúdez Longo Díaz Massó (BLDM). They will share how they approached the application, what the recognition means to them and their companies, and how they are learning and getting better from the process. 
  
Guests:
 
Judith Monrouzeau, PhD. SPHR. 
Executive Director of Human Resources Safety & Compliance
Bermúdez Longo Díaz Massó, LLC. 
https://www.bldmpr.com/
BLDM D&I Program One-Pager: https://go.agc.org/DEI-BLDM

Brad Lewis, ECMA
Corporate Director of Supplier Diversity
Hensel Phelps
https://www.henselphelps.com/
Hensel Phelps D&I Program One-Pager: https://go.agc.org/DEI_HenselPhelps
 
To explore more about Construction DEI Talks and access their episodes, resources and community, visit their website at https://constructiondeitalks.com.   
 
Find out more about AGC’s Diversity & Inclusion Committee: https://www.agc.org/diversity  
 
AGC’s Culture of CARE: https://buildculture.org/  
 
AGC’s Diversity & Inclusion Assessment: https://www.agc.org/culture-assessment  
 
The AGC Diversity & Inclusion awards are open to general contractors, specialty contractors, and service and supply provider companies in good standing of at least one AGC Chapter. Nominations must be submitted by principals or officers of firms, or with their written permission.  https://www.agc.org/DiversityAwards

ConstructorCast - Building Bridges: Construction D&I Winners

Unleash the power of imagination in our latest episode, as we dive into the captivating story of “Grit Leads to Greatness”, a children’s book written by our two guests Chris Eccleston and Jenny Schroen. With workforce issues challenging the construction industry, this brilliant duo saw an opportunity to sow the seeds of interest early on and cultivate a generation that thrives on skill, creativity, and passion. Don't miss out on this enlightening conversation that combines the magic of storytelling with the practicality of real-world skills. Hit that play button and let's embark on a journey of reshaping perceptions about construction, breaking down barriers, and creating exciting pathways for our future builders, architects, and engineers!

Chris Eccleston, LEED, AP, CHC 
President & Founder 
Delmarva Veteran Builders 
Chris@delmarvaveteranbuilders.com

Jenny Kerr Schroen 
Creative Developer 
Delmarva Veteran Builders
Jenny@delmarvaveteranbuilders.com

Resources:  
https://www.gritleadstogreatness.com/ 
https://www.delmarvaveteranbuilders.com/

ConstructorCast - Building Tomorrow's Heroes

In this eye-opening episode, we sit down with construction professionals, Phillippe Falkner of Ed Bell Construction Company, and Perry Silvey from BT Construction who are true champions of trenching and excavation safety. Discover the critical importance of safeguarding lives and preventing injuries in the construction industry. Gain valuable insights and practical tips to ensure every project is built on a foundation of safety first. Join us as we unearth the secrets to saving lives below ground. 

OSHA Trenching and Excavation Webpage: https://www.osha.gov/trenching-excavation 
Webinar - Staying Safe When Digging: Trenching & Excavation Basics https://www.youtube.com/watch?v=mke80vDNIQ4
AGC Targeted Topics Training Resources - https://www.agc.org/agc-safety-and-health-training-resources
Partners for Safe Trenching and Excavation Operations: https://www.osha.gov/alliances/safe-trenching-excavation/safe-trenching-excavation  
Think Inside The Box: https://thinkinsidethebox.info

Guests: 

Perry Silvey, CHST 
Safety Manager 
BT Construction  
 

Phillippe Falkner 
Safety Director, Project Management, and Business Services Specialist 
Ed Bell Construction Company  

Kevin Cannon, CSP, ARM 
Senior Director, Safety, Health & Risk Management 
AGC of America

ConstructorCast - Digging Deeper: Unearthing the Risks of Trenching & Excavation

Join us as we explore the dynamic intersection of cybersecurity and the commercial construction industry. Our guest, CJ Dietzman at Alliant Insurance Services, talks about the latest trends in cyber threats, risk management strategies, and innovative solutions shaping the future of digital resilience on construction sites. Don't miss this insightful episode for a blueprint for safeguarding your projects against evolving cyber challenges. 
 #ConstructorCast #Cybersecurity #ConstructionTech #AlliantInsurance #TheMoreRewardingWay


Guest:
CJ Dietzman
Senior Vice President, Alliant Cyber
Alliant Insurance Services
https://www.linkedin.com/in/cj-dietzman-cissp-cisa 

Resources:
Read Cyber Risk & Security Considerations in the Construction Industry: https://alliant.com/news-resources/article-cyber-risk-security-considerations-in-the-construction-industry/
Learn more about Alliant Cyber: https://alliant.com/risk-management/risk-solutions/cyber/
The NIST Cybersecurity Framework: https://www.nist.gov/cyberframework
ISO/IEC 27001: https://www.iso.org/standard/27001
Contact Alliant Cyber at alliantcyber@alliant.com

ConstructorCast - Constructing Cyber Resilience

In this episode, AGC of America’s chief economist, Ken Simonson becomes your guide through the bustling landscape of construction economics, trends shaping the industry, sound projections for the upcoming year, and how all of the above can impact builders and stakeholders.  Tune in to see what contractors can expect in 2024!

Guest:
Ken Simonson
Chief Economist
AGC of America

Subscribe to the DataDIGest: https://marketplace.agc.org/Store/ItemDetail?iProductCode=4401

ConstructorCast - 2024 Outlook: Economic Insights for Builders

The Culture of CARE is an program created by the Associated General Contractors of America (AGC) and the AGC of Washington to support companies in creating diverse, safe, welcoming, and inclusive job sites and promote diversity and inclusion in the construction industry. Culture of CARE is more than just caring about people; it is asking companies to commit to building work environments where every employee feels valued, respected, and heard through the programs four pillars: Commit, Attract, Retain and Empower. 

This episode of AGC’s ConstructorCast podcast highlights the partnership between AGC and FMI in developing a series of articles that explore how construction firms are successfully implementing the four pillars of Culture of CARE. In this podcast episode, we spotlight the transformative impact of a Culture of CARE's two pivotal pillars: Commit and Empower, specifically in the context of fostering leadership and accountability within construction firms. You will hear from two leading construction firms who share how a steadfast commitment from leadership sets the stage for a culture of inclusion and belonging. We explore how empowering employees at all levels contributes to a sense of responsibility, aligning individual actions with organizational values. Join us to understand how cultivating leadership and accountability through a Culture of CARE not only enhances workplace inclusivity but also propels construction companies toward sustained success. 

Guests: 
Michelle Thompson
Senior Consultant | FMI Consulting - https://fmicorp.com

Bill Aalerud
Executive Vice President | Columbia Construction Co. - https://www.columbiacc.com
Chair, Board of Directors - AGC of Massachusetts

Stephanie Roldan
Vice President Learning & Development, Director of Lean Culture | Rosendin Electric - https://www.rosendin.com
Co-host Construction DEI Talks: https://constructiondeitalks.com

Resources:  
•	Visit www.BuildCulture.org and find out more.
•	Take the Culture of CARE pledge: https://buildculture.org/commit
•	See the list of Impact Champions who have already taken the pledge: 
         https://buildculture.org/impact-champions/
•	Take the AGC Diversity & Inclusion Assessment - 
         https://www.agc.org/culture-assessment
 
2023 FMI Talent Study: https://fmicorp.com/insights/industry-insights/2023-fmi-talent-study
HERstory Emerging Managers Institute: https://fmicorp.com/consulting/training/herstory-emerging-managers-institute

 See the article in the latest issue of Constructor Magazine: https://constuctorjanfeb24.mydigitalpublication.com/publication/?i=811684
Direct link to the article at Culture of CARE: 
https://buildculture.org/commit-to-employee-wellbeing

ConstructorCast - Concrete Commitments: How to Create a Culture of CARE

In this special episode of AGC's ConstructorCast, host Max Nelson sits down with industry leaders Dan Johnson, CEO of Mortenson, and Mike Choutka, Chairman and CEO of Hensel Phelps, to dive deep into the upcoming 10th-anniversary celebration of Construction Safety Week.
As this year's Chair and Co-chair, Dan and Mike share their insights on the growth and evolution of Construction Safety Week over the past decade, and discuss the theme for this year, "Value Every Voice."

Guests: 
Dan Johnson
Chief Executive Officer
Mortenson
www.mortenson.com

Mike Choutka
Chairman | Chief Executive Officer
Hensel Phelps
www.henselphelps.com

Resources:
https://www.constructionsafetyweek.com/

2024 Construction Safety Week Slide Deck
https://www.agc.org/sites/default/files/Files/ConstructorCast/Safety_Week_Podcast_2024_Final.pdf

ConstructorCast - Value Every Voice: Construction Safety Week 2024

In this episode, we delve into the intricacies of the Associated General Contractors of America's (AGC) litigation program, which serves as a crucial component of its broader advocacy efforts. We explore how AGC strategically engages in judicial matters to safeguard and improve the business environment for construction contractors, aligning with its overarching goal of advancing industry interests and protecting against disruption. 

AGC’s legal staff discuss the decision-making process behind legal action, the importance of partnerships, updates on current judicial actions, and the vital role of funding through the Construction Advocacy Fund (CAF). Additionally, we outline guidelines for AGC chapters and members to request support for impactful cases, emphasizing the significance of national impact and broader industry implications in AGC's decision-making.

Guests:
Stephen Sandherr
CEO – AGC of America

Jimmy Christianson
Vice President, Government Relations – AGC of America

Leah Pilconis
General Counsel and ConstructorCast Host – AGC of America

For details on current issues visit https://advocacy.agc.org

The Construction Advocacy Fund:
The Fund helps finance a host of critical campaigns, including AGC’s ongoing efforts to fight for federal infrastructure investments, push back against costly and needless regulatory burdens, promote workforce development and workplace safety, and enhance construction technology.  Visit https://constructionadvocacyfund.agc.org to learn more.

Timestamped Topics:
•	00:00 - Introduction
•	01:35 - Overview of AGC's litigation program and its alignment with advocacy goals
•	05:37 - Goals and strategies for challenging government regulations
•	8:08 - Decision-making process for legal action
•	10:25 - Partnerships and collaborations within the industry
•	11:58 - Updates on current judicial actions and recent US Supreme Court victories
•	36:27 - AGC’s litigation program funding
•	39:53 - Guidelines for AGC chapters and members to request support for impactful cases
•	41:22 - Conclusion

ConstructorCast - Behind the Bench: AGC's Litigation Strategy

Take a quick listen to this special ConstructorCast SHORT to hear how member company TDIndustries, a mechanical contractor based out of Dallas, Texas is celebrating Construction Safety Week this year featuring Jamie Dabbs - Vice President of Safety, Health & Environmental and this year's Construction Safety Professional of the Year!

Guest:
Jamie Dabbs
Vice President | Safety, Health & Environmental
TDIndustries
https://www.tdindustries.com/

ConstructorCast SHORT - Celebrating Construction Safety Week with TDIndustries

Take a quick listen to this special ConstructorCast SHORT to hear how member company Alliance Construction Solutions are celebrating Construction Safety Week this year featuring Todd Konigsfeld - General Superintendent at Alliance Construction Solutions, LLC.

Guest:
Todd Konigsfeld 
General Superintendent
Alliance Construction Solutions
https://www.allianceconstruction.com/

ConstructorCast SHORT - Celebrating Construction Safety Week with Alliance Construction Solutions

AGC of America produces a monthly podcast, the ConstructorCast, a source for all the news, views, and interviews relevant to your construction business.

ConstructorCast - Assessing Design Build Risk

AGCofAmerica

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