From time to time, AGC of Minnesota may challenge an administrative or judicial decision that hurts the construction industry. Recent examples include the standard to assess liquidated damages for delays and the transparency required in public bidding.
Illustrative examples of AGC of Minnesota’s legal advocacy include:
Intervening as an amicus and submitting legal briefs to the Minnesota Supreme Court and Minnesota Court of Appeals on cases with industry repercussions, including ensuring fair and transparent public procurement, protecting the standard when liquidated damages may be applied, and consulting with unions and experts to accommodate a person with a disability.
Bringing suit against MnDOT to estop a rule from being enforced in violation of the Minnesota Administrative Procedures Act that changed contractual relationships with trucking brokers and applications of prevailing wage law.
Commenting on Metropolitan Council bid requirements that simply were contrary to construction and insurance industry practices, and Metropolitan Council’s attempt to blacklist engineering and specialty contractors based upon a misinterpretation of federal guidelines and business practices.
Contesting an Unemployment Insurance auditor’s misinterpretation of prevailing wage laws effect on the Independent Trucker Owner/Operator industry, and working with MnDOT to ensure consistent application of administrative rules across departments.
Analyzing and commenting on MnDOT DBE goals and the methodology of the Joint Disparity Study Report.
Engaging with the Minnesota State Patrol and MnDOT regarding the interpretation of “structure” under Minnesota statute, which affects whether a driver who delivers construction materials, tools and equipment to a road or highway project is exempt from the hours of service requirements.
Mike Schechter, Director of Labor Relations & General Counsel