Legislation – Building Pennsylvania

The Impacts of an Inefficient, Cumbersome Law

The following article first appeared in the Keystone Contractor Magazine’s Spring 2023 edition. To view the entire issue visit: https://issuu.com/atlasmarketing/docs/the_keystone_magazine_spring_2023_final_issuu_0420?utm_medium=email&utm_source=sharpspring&sslid=MzcxtzQwMjE1MbcwAwA&sseid=MzI1MTUzNzOyNAAA&jobid=8e832794-eea0-4ecd-80ef-31f10ccb9ec3

The Impacts of an Inefficient, Cumbersome Law

The Separations Act – Wasting Tax Dollars Since May 1, 1913

By Jon O’Brien

President Theodore Roosevelt was among the admirers of Pennsylvania’s new Capitol building at the dedication ceremony on Oct. 4, 1906.

“This is the handsomest State Capitol I ever saw,” the president said as he entered.

While it was a magnificent building, the project was way over budget – three times more than the legislature allocated.

The subsequent investigation resulted in a law that, while well-intended at the time to protect taxpayers from fraud, is no longer relevant today. Instead, it is costing taxpayers money because it requires inefficient construction methods on public projects.

That $7.7 million Capitol overrun – the equivalent of more than $211 million today – triggered a probe that revealed grafting. Capitol architect Joseph Huston, superintendent of construction James Shumaker, general contractor John Sanderson, state Auditor William Snyder and state Treasurer William Matheus were sentenced to prison.

With little financial stewardship, each convicted individual had profited tremendously. But this sort of illegal activity wasn’t just happening at the Capitol project – it was the norm on public projects at the time.

Fast forward to 1913. Public outrage over the scandal remained. There was pressure on public officials to do something. Republican Gov. John Tener, a former congressman and major league baseball player, signed the Separations Act.

It mandated multiple prime contractors on all public construction projects. The thought was that the more eyes there were on the project, the less likely that there could be collusion for fraud.

Perhaps 110 years ago, enacting the Separations Act made sense due to the circumstances at the time. Other states imposed similar rules.

But in this day and age, every cent can be easily tracked. Every other state has done away with their laws because they recognized they were outdated and that providing options in construction delivery methods is the most-efficient way to spend tax dollars on construction.

Pennsylvania continues to cling to its law. Here’s how that is hurting taxpayers by driving up the price of constructing public buildings.

Requiring multiple prime contractors – one for HVAC, one for electrical, one for plumbing and one for general trades – means the owner must bid out and manage four separate contracts.

The primes are not contractually connected and this impedes communication with each other. This lack of contractual relationship also hurts the communication between the architect and the primes. Each prime contractor and the architect are directly contracted with the project owner – like a school district, municipality or other government entity – and because of that all communication runs through the project owner.

The lack of a single point of contact from the construction team creates a nightmare of a scenario for the owner. It’s inefficient and cumbersome.

Most problematic is it eliminates the possibility of collaboration during pre-construction, which is a more-efficient method of construction. If early collaboration were allowed between the project architect and a single construction manager, projects would proceed more smoothly. Hurdles could be anticipated and resolved in advance. Without collaboration, expertise from the construction team is sparse, if at all, during the design phase.

Legislation has been proposed several times in recent years that would do away with or amend the Separations Act.

During a legislative budget hearing in 2017, state Secretary of General Services Curt Topper testified that the Separations Act “requires that we do business less efficiently than we could otherwise do business.”

He said the old law “effectively sets up a situation where it is much more difficult to design a project, to bid a project and to manage a project. So, I’d love to see us address that problem.”

Yet the law remains on the books.

Its inefficiency is well-documented.

From 2000 to 2010, public education projects could opt out of the Separations Act through the Education Empowerment Act that was enacted during Gov. Tom Ridge’s administration. Seventy school districts applied for the waiver during that period, an indication of the unpopularity of the Separations Act.

The Allegheny Conference reviewed some of those projects and issued a report concluding that savings of between $8,000 to $2.5 million were achieved on school construction projects that used a single prime contractor instead of multiple primes.

Kennett Consolidated School District did one project with a single prime and one with multiple primes per the Separations Act. The single prime project was finished two months ahead of schedule and $300,000 under budget. The multiple prime project came in over budget. This is just one the many examples to show that the Separations Act is costly to taxpayers.

There is a long line of organizations, trade unions and governments that are lobbying for modernization of the Separations Act.

They include: Pennsylvania Chamber of Business & Industry, National Federation of Independent Businesses PA Chapter, Pennsylvania School Board Association, Pennsylvania Coalition of Public Charter Schools, Pennsylvania Association of School Business Officials, PA Association of Rural and Small Schools, Green Building Alliance, Green Building United, U.S. Green Building Council Central PA, Keystone Contractors Association, Master Builders’ Association of Western Pennsylvania, National Utility Contractors Association Pennsylvania chapter, Association for Responsible and Ethical Procurement, Carpenter Contractor Trust, Construction Legislative Council of Western Pennsylvania, Design-Build Institute of America, General Contractors Association of Pennsylvania, General Building Contractors Association, Cement Masons Local 526, Eastern Atlantic States Regional Council of Carpenters and Laborers’ District Council of Western Pennsylvania.

Many public owners want to modernize the Separations Act and a few of the more vocal ones include: Philadelphia School District, Pittsburgh Water and Sewer Authority, Peters Township School District, Cumberland Valley School District and Community College of Allegheny County.

Jon O’Brien is Executive Director of both the Keystone Contractors Association and the General Contractors Association of Pennsylvania. He can be reached at 717-731-6272 and Jon@KeystoneContractors.com.

Pennsylvania’s Rising College Tuition Isn’t Helped by Outdated Construction Law

Recently Penn State University announced they approved a tuition increase for incoming students, joining Temple University and University of Pittsburgh. As families continue moving from a pandemic towards normalcy, I am sure the last thing they wanted, or expected, was to see the price tag of education to increase for their students.

A lot of costs go into the background of the high costs of college. Facilities management and maintenance are one important component. If construction procurement reform had been put in place, to put us in line with the rest of the country, I wonder if this tuition increase could have been avoided. As one of the last few states requiring the use of multiple prime contractors on each public construction project, and enforcing it more strictly than other states, Pennsylvania is stuck with an archaic business practice. Referred to in Pennsylvania as the Separations Act, this requirement was enacted in 1913.

So, what exactly is the Separations Act? And why should students at state-related universities care?

In essence, the Separations Act forces the public owner, like the state-related universities, to serve as the general contractor for a project and each of the multiple primes contracts directly to the public owner. Without a single entity directing the project and with plenty of finger-pointing, this is an inefficient contract delivery method fraught with problems such as delays and claims, which are the norms and culprits leading to public projects being over-budget.

This multiple prime delivery system is virtually nonexistence in the federal, private, residential, and commercial markets – and in fact when the state-related universities spend their own money for construction projects, they very rarely use multiple prime delivery because they want their money spent efficiently. Yet the state-related universities are forced by state law to use the multiple prime delivery system when it is building projects funded by the state.

On average, a multiple prime delivered project costs 10% more. For that reason it makes sense for these schools to avoid this process when spending money from alums and other contributors. One would think our legislature would have that same sentiment about taxpayers that these colleges have for their donors.

It’s time to modernize the Separations Act by affording our public sector a list of proven delivery methods to select from. Construction is not a one-size fits all industry and there is no perfect delivery method. A construction client’s priorities (i.e., cost, quality, time, safety, etc.) vary from project to project and the customer should be allowed the opportunity to select the most appropriate delivery method for a particular project on a case-by-case basis. Senate Bill 823 of 2020 provided those options.

By no means am I saying that modernizing the Separations Act is the be-all end-all solution to stop tuition inflation, but when Pennsylvania knowingly operates inefficiently while my neighbors see a tuition increase at our fine state-related institutions, I feel inclined to speak up. Now is the ideal time to address inefficiencies in our procurement process on behalf of current and future college students.

Happy Anniversary!?!? Pennsylvania Begins Its 108th Year Overspending on Public Construction

Next time you drive by a public-school building under construction, know that our state is intentionally spending 10% more on that project because of an archaic law that only exists in Pennsylvania.

On May 1, 1913, Governor John Tener put his signature on legislation to enact the Pennsylvania Separations Act. Tener assumed our state’s top office as we were coming off of a construction scandal involving the Pennsylvania State Capitol. State Treasurer William Berry had found that there had been an unappropriated cost for our state capitol’s construction of over $7.7 million ($211,282,599 today). Mr. Berry found many questionable charges, which led to the conviction of the building architect and the former State Treasurer. Due to today’s technology, every cent that is spent is easily tracked.

At the time, in 1913, a Separations Act-type law was the norm in America. However, it is not the norm today as every other state, the federal government and the private sector enjoy options in construction delivery. Yet Pennsylvania remains the lone holdout that mandates the Separations Act which requires the use of multiple prime delivery.

Supporters of the Separations Act like to debate the statement that Pennsylvania is the only state left with this cumbersome contracting requirement and they believe there are two other states joining us. They feel that North Dakota and New York join us. These two states have chipped away at their multiple prime mandate, allowing flexibility in public contracting methods depending on the type of project. But regardless of whether Pennsylvania is the only state or one of three states, it’s a pretty weak defense to keep a law on the books that wastes tax dollars.

So, what is the Separations Act and multiple prime delivery? And why should taxpayers care?

The Separations Act requires that public entities, like a school district, solicit and receive at least four separate bids for one construction project. This is referred to as the multiple prime delivery method. Let that sink in – four separate companies tasked with building one project. This multiple prime delivery method requires the public entity to hold and manage the multiple contracts, making the public entity responsible for coordination of contracts. Consequently, the public entity increases its contractual liability exposure and is forced to be involved in contractual disputes among the primes.

Without one company in charge of the construction project, the multiple prime requirement is cumbersome and sets the stage for adversarial relationships amongst the prime contractors, resulting in a drastic rise in change orders and claims on multiple prime delivered projects. Additionally, without one contractor guiding the project, there are multiple project schedules, and this lack of collaboration eliminates the prospect of early completion. In the private sector, like the healthcare industry, it’s typical to read in the newspaper that the new hospital was built under budget and ahead of schedule – wouldn’t it be nice to afford the public sector similar contracting options that others benefit from?

There is draft legislation that would bring Pennsylvania inline with the rest of the country when it comes to project delivery for public construction, but most importantly it would save tax dollars. This legislation would allow the public entity to choose between four different delivery systems: Design-Bid-Build Multiple Prime (current mandate), Design-Bid-Build Single Prime, Construction Management At Risk, and Design Build. To the non-construction professional these terms might be foreign to you. While there are thousands of resources that explain the various delivery systems (and I don’t mind pointing people in the right direction if requested), I’ll try to keep the explanation simple: each of the listed delivery systems have a different entry point to have the construction team join the design team. Due to design and construction teams joining forces at different times, depending on the selected delivery system, the systems vary in collaboration as illustrated here:

Now I’ve been told that the Separations Act is a tough issue for the general public to understand. Personally, I thought an issue that saves tax dollars is something the masses can get behind. But perhaps I can use an analogy that may help:

Can you imagine if the Philadelphia Eagles had four head coaches? This lack of leadership would result in chaos on the field with players unsure who to listen to.
Or what if the Pittsburgh Symphony Orchestra had four principal conductors? The crowd would need aspirin and earplugs if the orchestra were to receive four different directions.

On Pennsylvania public construction projects, we have four head coaches and four conductors all giving different orders. There is no perfect construction delivery method, and our industry has evolved since the days of Governor Tener. We have adapted delivery methods in response to the customer’s changing circumstances.

The customer should be afforded the opportunity to select the most appropriate delivery method for a particular project on a case-by-case basis as cost, quality, and time vary from project to project. Flexibility to choose the most effective and efficient project contracting method will enable local public entities to control costs on building projects, which ultimately saves tax dollars.

GCAP: Governor’s Veto of Legislation that Provided COVID-19 Liability Protection for Employers is Disappointing

November 30, 2020, Harrisburg, PA – The General Contractors Association of Pennsylvania (GCAP) was one of eighty Pennsylvania associations who united, led by the Pennsylvania Chamber of Business & Industry, to support House Bill 1737. This legislation included comprehensive, temporary, pandemic-related liability protections. A statewide, collective sigh of rejection from the eighty organizations happened today when Governor Tom Wolf vetoed HB1737.

GCAP executive director Jon O’Brien issued the following statement in response to Governor Tom Wolf’s veto:

“Across Pennsylvania, during the COVID-19 pandemic, construction companies have been focused on keeping the workforce safe while trying to recover economically. GCAP construction companies have been exemplary in abiding by Pennsylvania’s Construction Guidelines and we continue to share our best practices with Pennsylvania Departments of Community Economic Development and Labor & Industry. Also, concerning the guidelines, I feel compelled to point that we assisted in creating them (Governor Wolf’s press release announcing the creation of Construction Guidelines).”

“This veto was deflating and comes at perhaps the worst time. During these unprecedented times, many construction companies are working in good faith when it comes to arming our workers with the PPE to be safe on the jobsites, since these PPE costs were not part of the original estimate and no one foresaw what 2020 would bring. Many clients are telling contractors that ‘they’ll settle up’ after the project on added PPE costs. Additionally, backlog of future work is down since some clients are unsure of what the future holds so they are not willing to put work out to bid. Our industry was hopeful that we could get some good news and some much-needed liability protections, instead construction companies have to keep their guard up against trial lawyers anxious to profit from the pandemic.”

“The construction industry will get through this pandemic stronger and smarter than before. Our industry always learns from challenges that face us. While the veto of HB1737 was definitely disappointing, we look forward to working with the General Assembly and groups like the Pennsylvania Chamber to improve our economy while keeping our workforce safe.”

ABOUT GCAP: Established in 1953, GCAP is an organization representing the memberships of General Building Contractors Association, Keystone Contractors Association, and Master Builders’ Association. Collectively, GCAP represents over 700-plus commercial construction companies based throughout the Commonwealth of Pennsylvania. For more information visit https://generalcontractorsofpa.com/.

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Private Sector Can Help Our Government

During the Coronavirus Pandemic, Governor Wolf issued an Executive Order to shutdown all non-life sustaining businesses in Pennsylvania. The General Contractors Association of Pennsylvania (GCAP) was torn internally, with one faction thinking that this shutdown was necessary and another group that thought it was too excessive and businesses should still operate. Despite this conflict among our leadership and members, we had complete consensus that the health and safety of our workforce is our top priority.

Instead of advocating for construction to reopen, GCAP got to work on what we agreed on and in late March we published the Construction Industry’s COVID-19 Response Plan. It was a comprehensive safety plan with proper social distancing, PPE requirements, sanitizing, etc. I believe we were the only construction-related organization in Pennsylvania that did not lobby to reopen. Because the health and safety of the worker was extremely important to us, I believe we gained the trust of Governor Wolf and that’s why I believe he used our safety plan to create his construction guidelines. (Governor Wolf’s press release.)

Heading into 2020 no one could have foreseen the conditions that we find our Commonwealth in. Unemployment went through the roof. Tax coffers are projecting shortages in the BILLIONS. Yes, it’s true, COVID-19 has steered us into uncharted times.

Citizens in this Commonwealth need public services now more than ever. From the nursing home residents to the young school kids looking for their next meal and to every age in between, Pennsylvanians are hurting. We cannot leave our neighbors stranded and simply chop out needed services in this year’s 2020/2021 budget negotiations when they resume after the short-term budget gets us through the fall elections.

However, what can happen is that a thorough review of all expenditures can make sure tax dollars are efficiently spent. Our Commonwealth is fortunate to have dedicated and intelligent legislators from both sides of the aisle involved in this review process. Additionally, much like Governor Wolf turned to the private sector in creating the Commonwealth’s safety guidelines, the legislature should continue to look to the private sector to incorporate proven best practices to improve the way our government operates. Each industry sector should join the process to help our Commonwealth.

When it comes to construction, Senate Bill 823 is a vehicle that can address construction procurement reform. This legislation, which has a diverse coalition and also has labor support, can save our Commonwealth 10% on public construction. Pennsylvania is the only state in the country that mandates an inefficient process known as the multiple prime delivery method (THE ONLY STATE IN THE COUNTRY – LET THAT SINK IN). Now is the ideal time to address inefficiencies in our procurement process on behalf of taxpayers.

Our Students Deserve Better – Support House Bill 163 & Senate Bill 823

Bravo to Governor Tom Wolf and to Sen. Vincent Hughes for raising awareness and wanting to address the dangerous lead and asbestos contamination in structures and water systems across Pennsylvania. Concerning the school buildings, our students deserve better than current conditions (if you have not seen the videos on Sen. Hughes’ website click here: https://www.senatorhughes.com/toxicschools/).

Wanting our children to be educated in 21^st century schools is commendable; however, constructing and renovating the schools with a procurement law enacted in 1913 is foolish and wasteful. Over a hundred years ago, Pennsylvania legislature enacted the Separations Act. This Act mandates that public construction projects be delivered by multiple prime contractors. Every time you drive by a public construction project just think to yourself: this project has (at least) four companies in charge. This process often leads to delays, lawsuits, conflicts, etc., and it averages about 10% more than contracting methods that the rest of the country utilizes. Because of the inefficiencies of the multiple prime contracting method, Pennsylvania is the only state left to require such a cumbersome construction delivery process. 49 states join the federal government and the private sector in allowing choice in project delivery. It’s time for Pennsylvania to do so as well.

There are two pieces of legislation that can modernize the Separations Act: House Bill 163 and Senate Bill 823. These bills can allow for savings in public construction. Tax dollars do not grow on trees and with that in mind we should be stewards of tax dollars to assure construction projects are built efficiently. Additionally, it’s a big election year so we’ll likely hear a lot about education and jobs. Just think if the $1 billion that Governor Wolf is suggesting for public infrastructure comes to fruition and the Separations Act is modernized, we can spend it wisely resulting in more school projects, which results in more construction jobs.

Separations Act Legislation Advances in the PA House: Does Dan Jalboot know about this?

Pennsylvania is one step closer to making it easier to construct high-performance public buildings with the passage of House Bill 163 in the House State Government Committee.

With a passage vote of 15-10, this Separations Act legislation will now move to the Pennsylvania House Floor. Enacted in 1913 the Separations Act is a requirement that mandates the public sector must bid and award to at least four prime contractors for one project. The named primes in the Act are: General Trades, Plumbing, HVAC, and Electrical. When enacted over a century ago, there were payment concerns from Contractors to their Subcontractors, so the major Subcontractors were made Primes. Over the years the General Assembly has enacted many important pieces of legislation to ensure payment is made to all firms that provide construction services, rending the Separations Act needless.

Pennsylvania is the only state left in the country that abides by a multiple prime delivery system and after the recent HB163 vote we’re one step closer to ending that unwanted title. It’s exciting news for Pennsylvania’s construction industry as we can now work towards educating the public sector on all the many great advancements of the industry on topics like: Construction Management At Risk, Design Build, Design Assist, Lean Construction, to name a few. Through legislation enactment, different delivery options can be considered by the public that offer different entry points for the construction team which allows for collaboration to commence at various phases of the construction project.

When it comes to the Separations Act, my journey began in 2005. I was hired by a construction trade association and my boss at the time asked me if I had any government affairs experience. I said: “No but I’m willing to learn and work on whatever.” He returned with a stack of file folders that was around eight inches thick, dropped them on my desk, and said: “here’s some info on our top issue, the Separations Act. Study this stuff and keep in mind there’s a lot more info in our file cabinets: letters, studies, articles, you name it so read up on this stuff I’m giving you and grab more when you’re ready.”

I remember studying this information and thinking to myself: no one in the world builds multiple prime and I highly doubt an entire private sector would use a method that costs more so why does our state keep a law on the books that results in taxpayers overpaying for public construction due to an archaic law? This should be easy to repeal – I think people want government to spend less which means potentially we all could pay less in taxes. People want to pay less taxes, right? This was my ‘welcome to politics’ moment. Just because an issue may appear obvious, don’t fool yourself into thinking it can easily be changed. That thought was in 2005 and today, fourteen years later, a vote finally happened on the Separations Act.

Over the past years working on this issue, I’ve been fortunate to meet so many great construction professionals – both for and against a modernization of the Act. I could probably make this a series and discuss so many people that care about their construction industry, and who knows maybe I will revisit this topic and focus on a different person as this issue moves through the legislature. But today I’d like to focus on an architect who addressed this issue like no one else back in my early days of learning about the Separations Act. And honestly no one since has addressed the issue quite like him.

While I was learning about the Separations Act, my old work first suggested we form a coalition. We had so many public owner organizations that wanted this law changed as well as other contractor, engineer and architect organizations. I remember that AIA Pennsylvania was interested in joining the coalition, but first its executive director Caroline Boyce wanted to talk. We spoke, great conversation, super person, and she suggested I reach out to a Philadelphia architect named Dan Jalboot.

Up until I spoke with Dan, all of the feedback from everyone was something along the lines of Pennsylvania can save money if we repeal this Act. I called Dan and he told me that the Separations Act impedes green construction in our state – THIS WAS IN 2005, BEFORE IT WAS HIP TO BE ON THE GREEN BANDWAGON. Dan would say that yes, our state can save money by repealing the Act, but more importantly we can improve the chances of constructing environmentally-friendly buildings if we did not have to abide by a multiple prime delivery system. We should want our children to receive education in green buildings – it will bring out the best in them.

Dan sent me a few articles, stuff that was over my head back then. This helped to educate me. We had a few public hearings in those days and there were a lot of blank stares from legislators when he spoke, since green construction was not the norm back in mid 2000s like it is today. He would say stuff like: we need to look at the lifecycle of a building and stop looking only at construction costs; a building should be thought of as a single being with all systems working together and we can’t do that when an architect has to break a project into four pieces that must be meshed back together by strangers; construction needs collaboration from pre-construction through project closeout to truly benefit the environment, end users, and occupants. He would say how it’s very difficult to achieve collaboration in the multiple prime world since the architect is getting zero input from the builders when the design is being finalized and the public sector could benefit so much more if constructors could add their expertise during the design phase. (I just wish I would have hung on to his written testimonies that accompanied the hearings when he spoke. I’m just going off of memory and I’m sure he would sound so much better if I wrote it in his own exact words.)

A few years ago the U.S. Green Building Council rolled out its updated certification – LEEDv4. I saw that pre-construction meetings from the design and construction teams is now encouraged and points are achieved when it happens. This is what Dan was preaching about a decade earlier and a decade later it is still difficult to achieve in the Pennsylvania public construction market due to the Separations Act. Now that the Separations Act issue is moving in the General Assembly, and a vote on this issue was actually held for the first time in decades, I thought I’d jot down my thoughts and let Dan Jalboot know I thought about him today. Not sure if he’ll see this article, but with today’s vote I think our state is moving in the right direction to improve the quality of public buildings that are constructed.

NOTE: If you’d like to stay informed about the modernization effects of the Separations Act, please let me know. Jon@KeystoneContractors.com.

2018 PA Budget Hearings with DGS

As was the case the last year, the Separations Act was a discussed topic during the Budget Appropriation Hearings with the Department of General Services.

In the Senate, DGS Secretary Topper was asked questions about the Act by Senator Folmer. The gist of the Secretary’s comments related around DGS experiencing increased administrative costs, but they are unsure if total cost is more. DGS would like to continue to study the issue more.

As for the House, Representative Everett led the way with the questioning. Topper echoed his comments from the Senate – increased administrative overhead in the norm for a Separations Act project, but he felt there was a need for more studying of the issue. Everett countered with hints about a new legislative strategy that allows for the current multiple prime delivery system to be used if that’s what the public owner chooses; however, the public owner can also select from other delivery options too.

Personally, I think if the DGS was serious about wanting to study the issue more they should make three phone calls to Pitt, PSU & Temple. When these schools receive state funds they have to abide by the Separations Act and build as the school’s call it: ‘the DGS way’ but when these schools build with their own money they build using Design-Bid-Build with Single Prime; Design Build; Construction Management At Risk; and PSU is even trying IPD. All DGS would have to do is review projects built on these campuses using multiple prime compared to using a variety of single prime. End of ‘we need data’ story.

Click here to hear DGS Topper answer questions from Senator Folmer: https://pasen.wistia.com/medias/6d6hud1x5z

Pennsylvania’s Top Construction Stories of 2017

The news was overwhelming in 2017. From healthcare mergers and insurance coverage to gender inequality to natural disasters to international relations to political squabbling…. Every time you looked at your phone or watched the nightly news there appeared to be another breaking news crisis being reported. Meanwhile the construction industry kept chugging along, adding jobs to the payrolls and improving the quality of life. That’s not to say that 2017 was just another typical year for the construction industry. No not at all. Last year we experienced some remarkable events.

Below are the top Pennsylvania construction stories of 2017 according to me. I kept them brief so you can breeze through it quickly, but if you want more information on any item listed please don’t hesitate to contact me at 717-731-6272 or Jon@KeystoneContractors.com.

Lastly, let me know what you think. What construction story in your mind did l leave off my list? Or what item did I list that is not a big deal?

Enjoy and keep in mind they are not listed in any particular order:

Amazon H2 Fever

After an announcement that it would build a second North American headquarters, online retail giant Amazon snagged 238 bids for its “HQ2” and the construction industry was on the edge of its seats wondering if this massive project would be built in their region. But I think construction professionals and the general public also were hoping that any sort of tax incentives included in the bid would not hurt their region too much in the future. Pennsylvania had numerous sites submit a bid. For more on Amazon H2 and the crazy amount of incentives click here: http://www.businessinsider.com/amazon-hq2-cities-developers-economic-tax-incentives-2017-10/#memphis-tennessee-60-million-1.

Silica Standard Arrives

After a lengthy extension to review input from industry stakeholders, OSHA’s new silica standard went into effect on September 23, 2017. What that means for the construction industry is that contractors who engage in activities that create silica dust, such as cutting, grinding/ blasting concrete, stone and brick, must meet a stricter standard for how much of that dust workers inhale. The same goes for the employers of the tradespeople working around such activities. Numerous trainings were held and educational materials were produced to prepare the industry for this new standard. Many organizations, like KCA, even teamed with OSHA to host informational roundtable discussions. For more information please contact the KCA or visit: https://silica-safe.org/regulations-and-requirements/osha.

Opioid Crisis Continues to Plague Construction

The opioid epidemic is hurting America. Scary stats when you consider that our country makes up 5% of the world’s population, yet we consume 80% of the opioid supply and we are losing 100 people a day. The construction industry has been suffering along with most every other industry too. While it is not an easy task to find the stats by industry, insurance underwriter CNA estimates that 15.1% of construction workers have been affected by the opioid crisis. Much like the rest of society, KCA finds these stats unacceptable and we are doing something about it. Our plans are currently developing and we could use your help to implement them. If you want to join the fight to help Pennsylvania’s construction industry tackle the opioid epidemic, get in touch with us. This offer is extended to all – KCA members, nonmembers, organizations, etc. Together, we can make a difference.

USGBC releases LEEDv4 and AIA Updates its Contracts

Both of these items are similar in that in both instances two groups – U.S. Green Building Council and AIA National – worked with their respective memberships and industry stakeholders to update something that is of value to the construction industry. The USGBC issued its updated version of LEED version 4 and AIA issued its 10-year update of its contract documents. Both are also similar in that while they might have been updated in 2017, the industry can still use the previous version a little bit longer to have time to get acquainted with the newer version. The overall sentiment is that both are improvements from the previous version, encouraging collaboration in construction. For more information on LEEDv4 click: https://www.usgbc.org/leed-v4-old-new and for information AIA contracts: https://www.aiacontracts.org/.

Philadelphia is Carrying Good Times into 2018!

By all accounts, 2017 was a great year for the construction industry in the City of Brotherly Love. But 2018 is going to a new level in Philadelphia. More than 8 million square feet of development is forecasted in Philly. To put this into perspective, during 2017 Philadelphia finished 3.3 million square feet of construction. A big chunk of this upcoming work will come from Aramark’s new headquarters, uCity Square on Market, and One Franklin Tower in Logan Square. For more information click here: https://philly.curbed.com/2017/11/30/16715170/philadelphia-new-construction-analysis-2018.

Separations Act Gets Some Attention

As stated in my blog last week, the Separations Act had some memorable moments in 2017. To read this post click: https://wordpress.com/post/buildingpa.blog/267.

Federal Tax Legislation Helps Construction Industry

Before ringing in the New Year, Congress passed a comprehensive tax reform legislation that will lower rates, spur economic growth and have a positive impact on construction businesses for years to come. The AGC of America put together a comprehensive chart to illustrate the benefits of this tax reform package: http://images.magnetmail.net/images/clients/agca/attach/1218_House_Senate_Tax_Reform_Comparison_v6.pdf.

Harrisburg has Big Plans in its Sights

During 2017 two mega projects having been moving closer to the bidding/construction stages. The one project, the Federal Courthouse, has been in the works for the better part of the past decade, but it received a big boost early in 2017 when it received funding authorization. Since this funding announcement, the GSA has been moving quickly on this $200 M-plus, 243,000 square foot Federal Courthouse project. This project has encountered a few snags this past Fall, but hopefully it will break ground soon. Here is a blog post I wrote about this project: https://wordpress.com/post/buildingpa.blog/51.

Another project on the mega scale includes the vision that Harrisburg University has in constructing the tallest building in Harrisburg. In the Fall of 2017, the school announced plans to build a 36-story, $150 M mixed-use tower that will feature 200,000 square feet of educational space that includes fitness center, conference space, hotel, and housing for 300 college residents. For more information: http://www.cpbj.com/article/20171115/CPBJ01/171119902/harrisburg-university-plans-to-build-citys-tallest-tower.

Separations Act in 2017

During 2017, there were some memorable stories involving Pennsylvania’s Separations Act. Today I’m going to touch on a few of the major stories.

But before jumping right into the fun, here’s a quick explanation of the Separations Act: this law requires public construction projects in Pennsylvania to build utilizing a multiple prime delivery system and hire at least four prime construction companies for one project. Our state is one of three states that require this handcuffing of public agencies to build in this cumbersome manner – don’t get me wrong the multiple prime delivery system can be a good option depending on numerous factors (owner’s expertise, complexity of project, budget, schedule, etc.), but multiple prime is one of many delivery options. The construction industry has evolved over the years and we now have more innovative and collaborative team approaches to consider, yet our state only allows one delivery option. Considering that the multiple prime delivery system is rarely used in the rest of the country, federal government, and private sector, it’s time for our state to amend our law and allow options in construction delivery systems.

Here we are in 2017 and PA is still mandating we follow this ancient law that impedes the construction industry from progressing. However, our current state is led by a self-proclaimed Harrisburg outsider, so maybe Governor Wolf will play a vital role in advancing the construction industry, and maybe, just maybe the Harrisburg outsider moniker played a role in kick-starting efforts in advancing the construction industry in 2017. Without further ado, here are my top Separations Act stories of 2017:

2017 Senate Appropriation Hearing

On Monday, February 27, 2017, the Separations Act got off to a good first step this year during the PA State Senate Appropriations Committee hearing. At this event, the Governor’s appointed Department of General Services Secretary Curt Topper said: “we face some significant constraints that the private sector does face when it comes to managing our money efficiently. So, for example the Commonwealth, when we go to market in order to contract to do construction, we are bound by the Separations Act of 1913. We are one of only three remaining states in the U.S. that has a Separations Act. That Separations Act requires that we do business less efficiently than we could otherwise do business.” Bravo to Governor Wolf for appointing a forwarding-thinking individual like Secretary Topper who sees an issue and wants it addressed to improve the Commonwealth. Plus, bravo to Secretary Topper for knowing that you were appointed to do a job and you didn’t let politics get in the way.

Click here to Secretary Topper’s hearing: http://www.pasenategop.com/budget-hearings-summary/

Here is an OpEd on his testimony: http://www.yorkdispatch.com/story/opinion/contributors/2017/03/07/oped-s-time-repeal-separations-act-pa/98857412/

Here is commentary from Philly Inquirer’s John Baer: http://www.philly.com/philly/columnists/john_baer/Another-old-PA-law-enters-the-states-fiscal-follies.html

Pennsylvania Organizations Want Change

What happened on that Monday in February of 2017 had tremendous reach beyond the room where the Senate Appropriations hearing was held. Organizations across the Commonwealth had a bounce in their step, as an executive in the governor’s cabinet publicly supported modernizing the Separations Act. This newly formed coalition mobilized in 2017 and even launched an online petition (located here:

https://www.change.org/p/time-to-modernize-the-pa-separations-act). More to come from this coalition in 2018.

A Union Uses Separations Act to Gain Marketshare Over Another Union

In a bizarre twist of fate, a school in the Pittsburgh area signed a project labor agreement (PLA) which pleased the union construction sector in that area. Promoted as a tool to assure labor harmony, West Jefferson Hills School District could not imagine their PLA project being shut down when one building trades union sued the school district, architect, construction manager, and others – but that’s exactly what happened. The plumbing contractor filed suit claiming that the site utility work outside the building footprint should have been assigned to them and not the general trades contractor. It is typical on a construction project (public and private) to have the plumbing contractor perform plumbing work from inside the structure to five feet outside the building. Yet, this plumber wanted work to exceed the ‘typical’ scope of work and this contractor wanted the site utility work assigned to them, which took work from the general contractor, site contractor and the Laborers Union. The Court of Common Pleas of Allegheny County sided with the plumbing contractor stating that the project ‘willfully’ violated the Separations Act. This ruling changes years of precedence that could have major consequences on construction in Pennsylvania – both public and private.

Separations Act Project a Mess on a Grand Stage

The saying goes, that nothing attracts a crowd like a crowd. Well, in construction, nothing attracts the masses like a massive project. Originally set to open during November of 2015, the State Correctional Institution Phoenix in Montgomery County, PA, which is the largest public building project in our state’s history, is way over-budget and years past schedule. Since this project is so mammoth and expensive, it has the attention of many people statewide, from construction professionals who want to see how it’s built to concerned tax payers who want tax dollars spent efficiently. But a disastrous, multiple prime construction project should have been foreseen since it took years to bid the project, bidding three times over the timeframe of two Governors – Ed Rendell and Tom Corbett. I could go on and on about the mess that is the SCI Phoenix, but I think the PA Corrections Commissioner John Wetzel summed it up best in a Senate Budget hearing when he said: “It’s been a terrible construction project.” For more information on this developing, and apparently never-ending story, click here to read one of the many articles on it: http://www.philly.com/philly/news/crime/prison-graterford-phoenix-phila-convention-center-20170901.html

Well those are my top Separations Act stories of 2017. They were each briefly presented but if you would like additional information on any item listed please do not hesitate to contact me. Also, if you have an opinion on these stories or think I’m missing an item, I’d like to hear from you.