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Orth, Berger testify against bid-listing bill

width=470AGC is opposing legislation mandating the listing of many additional subcontractors at the time the public entity establishes the low responsive bidder.

Photo L-R: Duke Schaub Tymon Berger and Doug Orth prepare to testify before the Ways and Means Committee against the bid listing bill.

ESHB 1754 would add Building Envelope to the list of subcontractors that prime contractors would have to list in addition to the required listing for HVAC plumbing and electrical subs.

The bill was the topic of a hearing before the Senate Ways and Means Committee last week and AGC members Doug Orth of Absher Construction and Tymon Berger of Ashbaugh Beal testified against it with AGC lobbyist Duke Schaub.

“The way the bill is written I would interpret the envelope as everything outside of the paint” said Orth who is also on the State Building Code Council. “That is everything from structural systems window systems framing systems insulation systems brick masonry glazing roofing — everything. It’s not possible to list them all within days or a week.”

Orth and Berger noted that the prime contractor is already taking on tremendous risk on hard-bid projects. This bill limits the prime contractor’s ability to manage that risk which will result in higher bids to the State subcontract failures project delays cost overruns and quality contractors no longer bidding their projects.
“If this bill turns into a law it will be a short-lived law and the epitaph on the tombstone of it will be ‘only the lawyers got rich’” said Berger. “This bill provides a windfall of opportunity for bid protests and it will paralyze public-project owners across the state. We don’t want to tie hands of contractors wanting to bid and of public owners wanting to get going on their projects.”

The bill has already passed the House so it is vital that members of the Senate hear from contractors. AGC members who have not already done so are STRONGLY ENCOURAGED to contact their Senators and urge them to oppose the bill. Click here to quickly send a message to Senators via AGC’s Action Alert system.

Click here to view Orth’s and Berger’s testimony before the Senate Ways and Means Committee.

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