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This week's Capitol Roundup
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- Priorities set for 2017 Legislative Day on March 22 - REGISTER HERE
- Former AGC leaders Workman and Cyrier continue the fight for contractors in Austin
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ARCHIVES
Click here to access past editions of Capitol Roundup.
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Quote of the Week
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From solo entrepreneurs, to mom-and-pop storefronts and small tech start-ups, to the multi-national corporations that call the Lone Star State home, there is a belief you can succeed here. The Texas jobs record proves it, almost singlehandedly pulling the nation out of recession after the financial collapse."
-Bill Hammond
Hammond, executive director of the non-profit Texans for Free Enterprise, made the remark in an
op-ed to the Texas Tribune pushing for more competition among title insurance companies.
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Top issues set for 2017 Legislative Day
With our key issues established for the 2017
Legislative Day, participating AGC-TBB members will be well equipped to meet with lawmakers and advocate on behalf of the commercial construction industry in Texas.
Please see links below to register.
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| AGC-TBB members meeting with legislative staff in 2015 |
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This session, we will point our focus toward three key areas: 1.) Right to repair construction defects, 2.) Lien law modernization, and 3.) State breach of contract.
These areas of law are nothing new to the AGC-TBB team and its allies in the Texas Legislature. They have been bedrock issues whose progress has steadily progressed over the past few sessions, a trend we hope to build on this year.
The 2017 Texas AGC Legislative Day will be held March 22 with an evening reception on March 21 for early arrivals. Details on guest speakers and presentations will be coming soon. Feel free to continue to check our website for legislative updates and bill numbers.
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Former AGC leaders Reps. Workman and Cyrier carry the torch on key issues
Reps. Paul Workman and John Cyrier have filed key legislation in the Texas House of Representatives on behalf of commercial contractors across the state.
The two major issues - right to repair construction defects and state breach of contract - have been debated under previous legislatures and are familiar to the two lawmakers, each of whom has encountered problems in these areas of law in their work as private contractors.
Right to Repair Construction Defects
(HB 2343)
Workman, founder of Austin-based Workman Commercial Construction Services, Ltd. and former AGC-TBB president, will lead the way this session on the issue of right to repair. 
House Bill 2343
- The bill sets up an inspection and right to repair construction defects in a timely manner.
- Before bringing a suit, an independent 3rd party licensed professional engineer would perform an inspection.
- Each party subject to claim may attend the inspection and issue a report.
- The claimant must allow each party subject to the claim at least 150 days to correct any construction defect.
Cyrier, president and CEO of Sabre Commercial and former chairman of AGC Austin Chapter, has filed two separate bills to clean up language in the law when the state breaches deals with contractors. The improvements listed below build on progress made in this area last session.
House Bill 2121
- Breach of contract claims under $250,000 are handled by a hearing at the State Office of Administrative Hearings (SOAH).
- This would allow for the recovery of attorney's fees in these cases.
House Bill 2128
- Would allow for oral directives to also be collected under the state's breach of contract law.
- Would allow for the recovery of attorney's fees that are equitable and just under the state's breach of contract law.
Other Top Issues: Lien Laws and Prevailing Wages
Lien Law Modernization
- Proposed legislation would change the Pre-Notice Lien System, joining a majority of states
- Proposals would be Internet based and be more efficient and reliable than the current system, which depends on the receipt of past due hard copy notices delivered by mail, private delivery or courier services
- System allows those with potential lien claims to file a single notice and allows owners and lenders to identify all potential lien claimants
- System provides for "real time" information that identifies potential lien claimants, to help minimize payment claims arising during construction
- System allows the date that liens may relate back to be controlled by use of the "notice of commitment," which helps owners and lenders with early construction commencement issues
Prevailing Wage Rate Surveys
- Proposed legislation would allow a governmental entity to consider a wage rate survey conducted by a third party
- Governmental entities would continue to be allowed to adopt the Davis-Bacon wage rate survey or conduct its own wage rate survey
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