Noah Smith, Bloomberg Opinion: Solving the riddle of spiraling infrastructure costs

NOAH SMITH Bloomberg Opinion
Jul 26, 2019

High construction costs pose a major threat to the U.S. economy. Not only are highways and transit systems irreplaceable for most Americans, they enable the free movement of people and goods within and between cities – the glue that holds together networks of domestic production.

Without smooth roads, solid bridges and well-functioning trains, supply chains break down, people can’t get to work and the whole economy gets gummed up. In the short term, the government can spend more, throwing money at the problem to keep infrastructure intact. But in the long run, high costs will make this option ever-less tenable. Eventually, local and state governments, and even the federal government, will balk at the price tag and simply let infrastructure fall into further decay.

The Bureau of Labor Statistics finds that productivity in the construction of infrastructure like highways, streets and bridges has fallen in recent years. Others find the situation even more dire. Economist Leah Brooks and law professor Zachary Liscow find that, between 1960 and 1980, the inflation-adjusted cost of building one mile of highway tripled in the United States. Rail systems are also expensive to build, especially when compared with other advanced countries.

Unfortunately, the cause of these high construction costs is a mystery. Many people, when confronted with the question, quickly reply that strong unions or the Davis-Bacon Act – which stipulates the wages federal contractors must be paid – are to blame. But the people who give this answer are incorrect. First of all, construction salaries simply aren’t particularly high.

France and other countries that build infrastructure much more cheaply than the United States are even more heavily unionized or covered by collective-bargaining agreements. Brooks and Liscow examine a number of different data sources and conclude labor prices in highway construction simply aren’t responsible for increased costs. Compensation has remained roughly constant in real terms, even as overall costs have exploded. They also find the cost of materials hasn’t gone up significantly.

Another usual suspect: land-acquisition costs. Unlike China, which kicks hapless peasants off their land whenever it wants to build a new megaproject, the United States’ constitutional system forces government to acquire land from private owners (though it can use eminent domain to limit the cost of acquisition and compel a sale). But Brooks and Liscow find that land costs are a relatively minor piece of highway construction costs, and that this share has not increased over time. Changes in eminent domain law also don’t seem to raise costs much. Nor, they find, do increases in planning costs explain much of the trend.

So if high U.S. costs aren’t due to expensive labor, land, materials or planning, what explains the enormous expense of building roads and trains? With the easy answers ruled out, the economic detectives investigating the cost mystery are looking at subtler factors.

(Read More)

unnamed

California Senate to Consider Sweeping Changes to Rules for Independent Subcontractors (CA)

by Scott Braddock | July 10, 2019

After it passed the California Assembly earlier this year, that state’s Senate is set to begin hearings this week on a sweeping reform to the way employers classify their workers as either employees or contractors. Assembly Bill 5 would codify a landmark state supreme court ruling that raised the bar for when companies can legally classify folks as independent contractors.

Among other things, the court’s ruling says the scope of work being done must be outside the core of a company’s business for the workers to be classified as independent contractors. This is perhaps one of the most aggressive efforts in the country to crack down on what critics call employee misclassification or “payroll fraud.”

As Construction Citizen readers who have followed the issue are well aware, misclassification happens when employers pretend their workers are subcontractors when, by law, they meet the definition of employees and should be compensated as such including benefits. There are of course many legitimate uses of contract labor. The problem arises when unethical employers use the subcontractor designation to skirt the law and avoid payroll taxes, health benefits, retirement plans, and more. This allows those companies to underbid law-abiding firms by significant amounts. It is especially rampant in construction but other industries are not immune.

Explaining the California Supreme Court’s ruling in what has become known as the “Dynamex Decision,” attorney Timothy Kim wrote on Labor & Employment Blog: “In particular, the Court embraced a standard presuming that all workers are employees instead of contractors, and placed the burden on any entity classifying an individual as an independent contractor of establishing that such classification is proper under the newly adopted ‘ABC test.'”

In other words, this greatly narrows the conditions under which a worker can be classified as a contractor. And it is worth the attention of employers and workers in other parts of the country because large states like Texas and California often lead the way on policies that will eventually be adopted elsewhere.

The legislation under consideration mirrors the court’s ruling. Under the bill, the answer must be “yes” to each of the following for a worker to be legally classified as an independent contractor:

– The worker is free from the control and direction of the hirer in relation to the performance of the work, both under the contract and in fact;

– The worker performs work that is outside the usual course of the hirer’s business; and

– The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hirer

If the bill is passed by the Senate and signed by Gov. Gavin Newsom, hundreds of thousands of Californians stand to gain access to benefits they don’t currently enjoy. The proposal puts Gov. Newsom in a tough spot politically, though, because he would like to appear to be on the side of both the labor unions supporting the bill and the tech giants like Uber and others which do not.

(Read More)

San Jose Votes to Bolster Workforce Standards on City-Subsidized Construction (CA)

By Grace Hase
August 6, 2019

Two years after workers helping to build San Jose’s Silvery Towers were released from literal slavery amid a criminal probe into their boss, local labor leaders secured stronger protections for builders on city-subsidized projects.

The City Council voted 9-2 Tuesday to expand rules that prevent worker exploitation on publicly subsidized projects. Among the new rules are requirements to hire more apprentices as well as local and underrepresented workers.

Council members Johnny Khamis and Dev Davis cast the dissenting votes.

San Jose will now require that workers who live locally put in 30 percent of the total work hours on a project covered by the ordinance. Construction companies must also use “good faith efforts” to hire “underrepresented workers as entry-level apprentices to perform 25 percent of the total apprentice hours.” The city defines an underrepresented worker as someone who receives government assistance, is at risk of losing a home or has survived labor trafficking, to name some examples.

Tuesday’s newly approved rules build on efforts that began before the month-long summer recess, when councilors passed a law that requires private construction companies to pay workers a prevailing wage on projects that benefit from city subsidies.

“This investment is in our workforce,” Arenas said. “We can’t have it both ways. I don’t want to stop development. I want to make sure we have housing, but I can’t have it on the backs of our laborers and our working poor.” She added: “We need to assure there are standards on pay and work for folks who need it. I feel that this is the way to get there while still honoring our goals around housing.”

Labor leaders, who had fought for the new protections for more than a year, were pleased with Tuesday’s decisions. Jean Cohen, a spokeswoman for UA Local 393, said that she was glad that all workers will now have equal protections.

“The building trades, the labor movement and the development community all have a shared goal, which is to build beautiful buildings for the city of San Jose,” Cohen told San Jose Inside. “There are many valuable components in the ecosystem of what it takes to develop a project, and these policies build a strong foundation for all interested parties, which is to have a vibrant and robust downtown.”

(Read More)

unnamed

Prevailing Wage Requirements Expanded To Private Construction Projects (CA)

by Richard E. Donahoo
Posted on July 19, 2019
Construction Law Wage and Hour Law

The San Jose Mercury News reported recently that prevailing wage requirements were expanded by San Jose to certain private construction projects. Labor groups herald this decision as a step toward better labor protections.

The San Jose City Council voted in June to require prevailing wage pay from contractors getting subsidies from the city for their projects. There are exceptions to the new ordinance that came in the wake of the sentencing of Silvery Towers project contractor Job Torres Hernandez.

Exceptions to the new requirements include:

  • Some affordable housing projects
  • Certain land-use categories where construction is unlikely without a subsidy

Additional requirements such as local hiring are expected to come up again when the council is back in session. Labor groups are particularly interested in adding local hiring guidelines, apprentice programs and programs for hiring disadvantaged workers associated with downtown high-rise development.

Some business groups including Silicon Valley Organization backed the prevailing wage vote in order to advance the downtown development.

Read the full story in “San Jose expands prevailing wage requirements on private construction projects”

Prevailing wage rates are set to ensure that workers are fairly compensated for their work and that a strong and skilled workforce remain in place to provide quality construction skills for local construction projects. Prevailing wage rates for specific construction trade classifications (i.e. Laborer, Carpenter, Iron Worker, Traffic Control Technician, Operator and Teamsters) in California are set primarily by the Department of Industrial Relations, and are applied to projects funded by the public and awarded to contractors by public agencies also referred to as the “awarding bodies.” These projects often are also subject to apprenticeship requirements.

(Read More)

SunCal Signs Project Labor Agreement with Building and Construction Trades For ‘6AM’ Development in Los Angeles Arts District (CA)

by SunCal
Posted on Aug. 13, 2019
Construction Law Wage and Hour Law

LOS ANGELES, Aug. 13, 2019 /PRNewswire/ — SunCal, the developer of 6AM, planned to be a world-class, mixed-use development at 6th & Alameda in the heart of the Downtown Los Angeles Arts District, has entered into a Project Labor Agreement (PLA) with the Los Angeles/Orange Counties Building and Construction Trades Council and the unions they represent, it was announced today by SunCal and labor officials.

As envisioned, 6AM will be a mixed-use complex featuring live/work residences, creative offices, hotel and retail uses, and public gathering spaces on a 14.5-acre site. The project is currently proceeding through the entitlement process with the City of Los Angeles.

“We are very pleased to enter into this agreement with the Building and Construction Trades Council,” said David Soyka, Senior Vice President, SunCal. “This partnership between the developer and local, skilled construction workers will help ensure the project brings increased job opportunities and economic development to this area of Southern California.”

“The Building Trades are enthusiastic about contributing to the growth of the Arts District,” said Ron Miller, Executive Secretary, Los Angeles/Orange Counties Building and Construction Trades Council. “Together with SunCal, we’re bringing top-quality skills to this world-class project and enriching the LA economy by hiring union members who are LA residents.”

The 6AM development features a contemporary design by Herzog & de Meuron, one of the most acclaimed architects in the world and a winner of the coveted Pritzker Prize.

Inspired by the stark contrast between the vertical and horizontal in Los Angeles, the building design will be characteristic of the neighborhood which includes low and mid-rise warehouse buildings and narrow “in-between” passageways. The project will be located at the virtual center of the Arts District, and with the completion of the new 6th Street Viaduct, will become a gateway to the East; the Viaduct is also being constructed by the Building Trades.

The 6AM development program proposes: 1,305 rental apartments; 431 condominiums; 510 guest rooms in two hotels; 128,000 square feet of retail uses; 254,000 square feet of creative office space; a 29,000 square-foot school; and a 23,000 square-foot opportunity space. It is also planned to include two large open spaces; extensive integration of terraces and roof decks; and pedestrian-only open spaces, incorporating two major urban parks. Visually prominent at the complex will be two 58-story residential towers that respond to the shapes and scale of the Downtown skyline.

(Read More)

unnamed

Unlicensed subcontractor that installed sprinkler system kicked off Whiskey Row hotel project (KY)

By JOE SONKA | August 6, 2019 4:35 pm

The Metro Department of Codes and Regulations issued a written warning on May 31 to a contractor working on the construction of a new twin hotel project on Whiskey Row downtown, declaring that it was violating state and city law by subcontracting an unlicensed company to install the hotels’ fire sprinkler system.

A spokeswoman from Louisville Forward also confirmed that the unlicensed subcontractor improperly installed the hotels’ sprinkler system, which was now being replaced by new contractors.

The 14-story twin hotels being constructed on First and Main streets are that of Hotel Distiland Moxy, a project of Indiana-based hospitality company White Lodging that is scheduled to open in November.

The Codes and Regulations administrative warning was sent to SimplexGrinnell – a fire sprinkler company that is a subsidiary of international giant Johnson Controls – which was the designated contractor permitted by the city to install the hotels’ sprinkler system, having received the proper licensing from the city and state.

However, the warning letter went on to state that the subcontractor hired by SimplexGrinnell to install the sprinkler system “did not hold any type of Kentucky Fire Sprinkler License,” adding that it is a violation of state law to have such a system worked on by someone other than the certificate holder.

The warning letter from Codes and Regulations executive administrator Paul Nicholson added that it was the department’s understanding that SimplexGrinnell “remedied the situation” and was now in compliance with the law, but warned that any further violations “may be subject to further action being taken, up to and concluding suspension of your current license with Metro Louisville.”

A Louisville Forward spokeswoman, Caitlin Bowling, confirmed to Insider Louisville that the unlicensed subcontractor was IMP Mechanical, a firm based in Fayetteville, Ga., and that some of its work on the fire sprinkler system was improper and had to be reinstalled.
Bowling said that Codes and Regulations is “making sure things are installed correctly and there are licensed workers,” adding that the department has been “working with the developers and contractors to make sure everything is in order.” She also stated that warnings are typically issued before formal citations for violating city and state codes, as it gives contractors an opportunity to rectify the problem.

Spokespersons for White Lodging, SimplexGrinnell and Johnson Controls have not yet replied to emailed questions for this article.

Thomasina Brown, a registered agent with IMP Mechanical, told Insider that she vigorously disagreed with the assertion of Codes and Regulations in the warning letter about the subcontractor having to be licensed in Kentucky, saying that since the company’s workers were independent contractors instead of employees, only Johnson Controls had to be licensed.

Todd Johnson, a local union organizer for the Road Sprinkler Fitters UA Local 669, told Insider that he and others warned state and city departments weeks before the Codes and Regulations letter in May, expressing concern about what he called untrained and uncertified workers improperly installing safety features at the behest of an unlicensed, out-of-state subcontractor.

In a May 15 letter to the Department of Housing, Building and Construction in Frankfort, the prominent Kentucky labor attorney Dave Suetholz wrote that IMP was committing “major code violations” that were under investigation by Metro Codes and Regulations after an informal complaint was submitted, asking the state department to assist in that effort.

(Read More)

Illinois lawmakers consider bill to make general contractors responsible for other’s unpaid wages (IL)

By Cole Lauterbach
The Center Square | Jul 19, 2019

Illinois lawmakers are considering sending Gov. J.B. Pritzker legislation that would put general contractors on the hook for any wages a subcontractor failed to pay workers.

The House passed the legislation this spring. Should Pritzker sign the bill into law, any general contractor who hires a subcontractor that doesn’t properly pay employees could be sued for those wages.

Sponsoring Senator Laura Fine, D-Glenview, said wage theft has become common

“Wage theft could range anything to not paying workers for hours they work to not paying the legal minimum wage,” she said.

Fine said she wanted to get as much feedback from opponents as possible, signaling that she may amend the bill.

Bill Ward of the Homebuilders Association of Illinois said no one supports wage theft, but the bill, as it’s written, would increase costs for companies due to the increased risk of getting sued.

“This bill says an innocent person who has paid the subcontractor in whole, the general contractor, can be gone after,” he said.

Fine said the bill would allow general contractors to be exempt from the law if they get verification from the subcontractor that they’ve paid all of their people, but Republicans in the House said that would be a significant burden for a general contractor to undertake.

(Read More)

Mendoza signs prevailing wage executive order (IL)

By Jerry Nowicki
Aug. 14, 2019

SPRINGFIELD – With a $45 billion, six-year capital infrastructure plan becoming law earlier this year, Illinois Comptroller Susana Mendoza signed an executive order Tuesday aimed at refocusing enforcement of state prevailing wage laws for construction projects receiving state money.

“When I took office in 2016, we made sure to let folks know that … our goal is to continue to enforce this executive act. What we’re doing now is just reaffirming it and updating it and getting the word out as we embark on a $45 billion capital plan that this is state law, people need to be aware of it, they need to abide by it.”

Prevailing wage is the rate of compensation determined by the government that must be paid to workers for projects involving state government funding.

At a news conference in her office Tuesday, Mendoza warned of halted checks for any contractor if it comes to her attention workers are not receiving the prevailing wage.

Mendoza said anyone believing a company is in violation of the act could notify her office.

“They would notify us, we would look into that alongside the Department of Labor, and we have the potential to stop payments, further vouchers going out, further warrants, essentially, being sent out until that corrective action is taken,” she said.

Mendoza’s executive order outlines other steps her office will take to ensure contractors pay their employees the prevailing wage as well. The executive order says her office will not accept any grant or contract submissions without proof that the contractor is in compliance with the prevailing wage act, and would have the authority to “pre-audit” any state-funded contracts as well.

(Read More)

Mendoza says she’ll withhold pay from capital plan contractors who don’t pay prevailing wage (IL)

By Doug Finke
Posted Aug 13, 2019 @ 5:21 pm

Comptroller Susana Mendoza said Tuesday her office will monitor contracts awarded under the state’s new $45 billion capital program to ensure contractors are adhering to prevailing wage laws.

If someone doesn’t, Mendoza said, her office will take steps to halt any payments until the contractor comes into compliance.

“We know (prevailing wage) is the law, but not everybody follows it,” Mendoza said. “What we have is a $45 billion capital plan that we are about to embark on. Anything we can do to make sure that state taxpayer dollars are being utilized (in a way that) that state law says that they must is important to get the word out and educate the public.”

Mendoza said her office will monitor and conduct preaudits of contracts and grants awarded under the Rebuild Illinois capital plan. She said her office is prepared to receive complaints from people who are aware of prevailing wage violations and will also work with the Department of Labor on complaints it receives. Attempts will be made to bring a contractor into compliance, but if all else fails, the office has a nuclear option.

“What we have the ability to do that no other state agency or no other constitutional officer has the ability to do is withhold payment,” Mendoza said.

Mendoza acknowledged the problem of prevailing wage violations is not widespread.

“Every now and then we get complaints of folks who are in violation,” she said.

Mendoza said contractors with the state have to check a box on forms pledging to adhere to the prevailing wage, so the existence of the law should come as no surprise.

Some Republicans, notably former Gov. Bruce Rauner, believed the prevailing wage law forced up the cost of public works projects.

“I disagree with this being framed as bloated and higher costs,” said Illinois AFL-CIO President Michael Carrigan. “Prevailing wage is a product of collective bargaining. Unions and employers sit down and have hard negotiations across the table. Those are a product of negotiation.”

Former Comptroller Dan Hynes, who is now a deputy governor in Gov. J.B. Pritzker’s administration, signed a similar executive order in 2002. However, enforcement of the order has fallen off in recent years.

(See Article)

Gov. Whitmer Signs Executive Directive to Put Michigan Jobs First (MI)

Posted: 9:39 PM, Jul 29, 2019
By: FOX 47 News

LANSING, Mich. – Today Governor Gretchen Whitmer signed the Michigan Jobs First executive directive at Lecom Utility Contractors in Roseville to revamp the State’s purchasing policies to ensure that the State awards contracts to companies that create good-paying jobs in Michigan and are good stewards of the state. Currently, only 70 percent of state contracts are awarded to in-state businesses.

“Michigan is home to the hardest working people and best businesses in the world, and our state should work to ensure that more of our Michigan tax dollars support Michigan workers and businesses at every opportunity,” Whitmer said. “We want Michigan to be a home for opportunity for everyone, which begins with supporting businesses that provide fair wages and good benefits. This executive directive will strengthen our commitment to these priorities and bring the greatest possible benefit to Michigan’s businesses, workers, and families.”

Executive Directive 2019-15 expands the list of factors used to determine whether a bid from a potential supplier would provide the best value to the state. Under this new directive, the state must also take into account the overall economic impact of the potential supplier’s bid on Michigan businesses and workers, the wages and benefits offered by the supplier to its workers, the supplier’s track record of labor and environmental compliance, and the supplier’s commitment to economically-disadvantaged zones.

In addition to expanding best value factors, the executive directive also ensures that Michigan businesses receive the full preference to which they are entitled under law when the State makes its purchasing decisions.

“Across Macomb County and the great state of Michigan, there are thousands of incredible businesses with innovative products and outstanding services,” said Macomb County Executive Mark A. Hackel. “It makes sense for the state to prioritize our homegrown job creators and I applaud this effort. Our business development team will engage Macomb County companies and take advantage of the Michigan Jobs First executive directive.”

(Read More)