As a result of Chapter staff working throughout the year as well as the tremendous work done by members participating on AGC Georgia’s Legislative Committee, we have tangible successes to show for our efforts. Oftentimes, these successes include proposed bills and policies we blocked before they ever received much momentum or soon after they appear on the House agenda. In other situations, specific new bills or policies we endorse or have led or co-led the charge on are signed into law at the State Capitol where all AGC Georgia members and the commercial construction industry in Georgia can benefit.
State Legislative Initiatives & Victories
Regulatory Activities & Liaisons
- Developed and Passed our Local Government Public Works Law (HB 1079) which created a uniform process for all local governments in GA, which established one set of rules for all local governments. Requires public advertisement and competitive awards for all local government construction contracts over $100,000 where the party providing services is at risk for construction. Gave local government the ability to use of competitive sealed proposals such as CM @Risk and Design Build, etc.
- Georgia Contractor Licensure – AGC initiated and developed Georgia’s statewide General Contractor license requirement. The state law supersedes all local licensing requirements. All contractor members on the General Contractor License Board have been AGC members.
- DOR Tax Issues
- AGC initiated legislation that clarifies the law on Public Owner Tax Exempt Purchases installed by private contractors. Public owners now have an obligation to notify the private contractor of any tax liability on public owner purchased items. Their failure to do so notify makes them liable for the tax, not the private contractor.
- AGC initiated legislation that eliminated notice & withholding requirements for G.C.’s on any subcontracts under $250,000. GC’s are now only required to submit one notice per year if they do business with the same sub multiple times during the year, and the sub has a sales & use tax bond. AGC also initiated change in the Law to now only apply to non resident subs.
- Currently working with DOR to develop new Rules which totally eliminates notice and withholding requirements on resident Georgia Subcontractors.
- AGC initiated Lien Law Revisions creating Notice of Commencement & Notice to Contractor provisions as well participating in effort to provide more clarify in the law regarding timelines and waivers.
- AGC Initiated and passed Legislation prohibiting Reverse Auction Bidding in Public Works Contracts.
- AGC Initiated and Passed Private Plan Review and Inspections by A/E’s when Government either can’t or won’t provide timely service.
- AGC Initiated and Passed Legislation requiring all state agencies to adhere to the policies and procedures included in the Georgia State Construction Manual. The Manual was jointly developed by representatives of Industry and our State Agencies.
- AGC Initiated and passed Reciprocal preference legislation for state construction.
- AGC initiated and passed legislation addressing Manhattan Lien Law case which restored lien rights for general conditions or full amount of the contract versus just items that are incorporated into the actual building.
- AGC initiated and passed legislation requiring Fire Marshal’s to substantiate in writing were codes have been violated before they can require a change in design or construction.
Many Successful Lawsuits & Amicus Briefs Filed on behalf of AGC members and Industry at large
- Secretary of State’s Contractors License Board
- State Construction Manual
- Board of Regents and GSFIC Facilities Advisory Boards
- Corps of Engineers
- AIA & ACEC ( Annual Jt. Legislative Reception)
- All Public Owners (State & Local)
- AGC of America & the Georgia Branch AGC have filed many Amicus Briefs on behalf of Georgia Contractors on the issue Commercial General Liability Insurance coverage with successful results.
- Successfully challenged the City of Statesboro and the Georgia Municipal Association prohibiting them from using Reverse Auction Bidding to secure local government construction contracts.
- Successfully challenged GA EPD over GA NPDES Permit requirements which ultimately resulted in reasonable monitoring requirements vs. the original requirements which would have required monitoring after every ½ inch rain event.
- Georgia Branch AGC also successfully challenged Gwinnett County over a local ordinance on Immigration that would have required contractors to violate federal employment law to comply with their local Ordinance.