The Blog

According to an Associated Builders and Contractors analysis of 2022 state union membership data published recently by UnionStats.com, at least 9 out of 10 construction workers in private industry do not belong to a union in 26 states, up from 24 states in 2021. Nationwide, a record 88.3% of construction workers do not belong to a union, according to the U.S. Bureau of Labor Statistics, up from 87.4% in 2021.

Rarely does a day go by in which the leaders of ABC MA companies don’t strategize about how to find and retain the qualified workers we need to meet the demand for our services. Meeting the challenge will require us to broaden our search for talent.

In February 2023, the National Labor Relations Board (the "NLRB") issued a decision, McLaren Macomb, 372 NLRB No. 58, that impacts the use of routine confidentiality and non-disparagement provisions common in many separation agreements. Notably, this decision applies to any employees and employers who are covered by the National Labor Relations Act in the private sector, whether or not the employees are represented by a union.

One of the biggest challenges our industry faces is finding enough qualified workers to meet the demand for construction services. In that environment, we don’t have the luxury of ignoring any pool of potential talent. ABC MA recognizes this fact – it’s why we’re conducting an ongoing diversity survey with proceeds from a state grant.

Gov. Maura Healey wants to separate housing and economic development in the state's bureaucracy, mostly to give housing production the enhanced focus she says it desperately needs. But Healey doesn't want to completely shatter the connection between the two topics.

If we take a moment to think about when we started in the construction industry, most of us will shake our heads at the thought of how much things have changed. Technology has transformed our lives in recent decades, and it’s unlikely that it’s changed anything more than the way we make a living.

Boston, MA, January 23, 2023-The Massachusetts Chapter of Associated Builders and Contractors today announced the establishment of a student chapter at Benjamin Franklin Cummings Institute of Technology, part of the ABC National Student Chapter Network. The NSCN connects ABC chapters to local colleges and universities with construction-related degree programs with the goal of building the construction management pipeline and mentoring future leaders of the construction industry.

In a stunning proposal, the Federal Trade Commission (FTC) has proffered a universal ban on noncompete agreements. This proposal, albeit a considerable step away from the norm, was not necessarily unpredictable. Most recently, the FTC made a preliminary finding that noncompete agreements constitute an unfair method of competition and therefore violate Section 5 of the Federal Trade Commission Act, which prohibits “unfair or deceptive acts or practices in or affecting commerce.” If this proposal is enacted, it would have sweeping consequences in Massachusetts.

It’s an honor to serve as chairperson of ABC Massachusetts for 2023, and to be the first woman to chair our chapter. It’s a particular honor to do so when five of the commonwealth’s six constitutional offices are held by women.

In summary, unless an indemnity clause expressly includes fee-shifting language, it likely will not permit the recovery of attorneys’ fees except for third-party claims. The better approach is to clearly and expressly set forth in your contract that attorneys’ fees will be provided in the event of a dispute with the counter party to your contract.