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Our mission is to protect and enhance the merit shop philosophy
within the construction industry, to speak for the industry to the public,
and to engage members to succeed in a challenging marketplace.


ABC of Metro Washington represents the interests of its members at the local and state levels of government regarding legislation and regulatory proposals which impact the merit construction industry. ABC lobbies on behalf of the industry in the District of Columbia, Prince George’s and Montgomery Counties and in Annapolis. ABC of Metro Washington is recognized as the voice of the merit construction industry in these jurisdictions.

 

 

 

April 27, 2021

DC Councilmember Charles Allen (Ward 6) has introduced the Construction Management Agreement Amendment Act of 2021.  The bill would require that an applicant for a permit required by the Construction Codes must, under certain circumstances, enter into a voluntary or standard construction management agreement with impacted neighboring property owners and/or the Building Code Official. It also would reduce the number of stop work orders that trigger a denial of future permits for a one year period, among other things.

 

Here’s a summary of Bill 24-201, the Construction Management Agreement Amendment Act:

Impacted projects:

  1. Contains at least 4 residential units or is a commercial development of more than 1,000 square feet, and
  2. Abuts at least one residential property of 2 or fewer residential units

Requirements:

  • Requires “covered applicants” for a permit to notify “impacted property owners” of the work for which they plan to apply for a permit 30 days before applying for the permit.
  • The notice must include the “impacted property owner’s” right to enter into a standard or voluntary construction management agreement.
  • The covered applicant must enter into a standard or voluntary construction management agreement prior to receiving a permit.
  • A standard construction management agreement requires the covered applicant to:
  • Pay for a third-party engineering assessment of the likelihood of producing vibrations affecting the abutting property;
  • Provide vibration monitoring services for a property abutting the covered project if the assessment determines that vibrations are likely to exceed an amount determined by the Mayor in a rulemaking.
  • Provide notice to the impacted property owners that the work is likely to either:
  • Exceed maximum sound levels pursuant to 20 DCMR 2701.1
  • Will be performed outside of the hours allowed by 12A DCMR 105.1.2
  • Reimburse the property owner for hotel costs if the required notice is not provided.
  • Provide proof of liability insurance
  • Not seek a public space permit that will impact parking in public space for more than 4 weeks unless the an approval resolution from the ANC is received.
  • Refer all disputes and abide by the decisions of;
  • The Community Dispute Resolution Program operated by the Office of the Attorney General
  • The Multi-Door Dispute Resolution Division of the D.C. Superior Court.
  • A voluntary construction management agreement shall:
  • Be in writing and include the notarized signatures of the covered application and impacted property owner
  • Include a description of any consideration the covered application provided to the impacted property owner in exchange for declining to enter into a standard construction management agreement;
  • Include a method for resolving disputes
  • Be filed with the DCRA with the approved permit associated with the project

 

Please email Director of Government Affairs, Marcus Jackson, with further questions or how the proposed legislation would effect your company. Your response would be most helpful.