Not to argue with anyone else's posts. I will toss in 2 cents, Both zincolns Enforcement to the fullest possible extent of the law both civil and criminal should be undertaken against anyone who enables illegals by employing them. Not debatable. Ensuring a person anyone hires is legal is a responsibility of every citizen. You are not disadvantaged by this since every law abiding person is in the same boat. Just like taxes. Cost of biz. If you don't like the gov requiring this, like so many things they do, you are free to take it up with your legislators or even file a class action lawsuit where you claim unconstitutionality or some such. There would be no employment of illegals without the complicit employers. The desire to come here would be greatly reduced if they knew they couldn't game the system that way. I have never hired any illegal. man up.
Perhaps the man you voted for should be hung by the neck for allowing the illegal invaders into the country. Illegals have always been hired during harvest time, wink, wink and then they went home. Millions did not come here - invited, helped, and encouraged by enemies of America to get free stuff while destroying our economic system! Oh Yeah, really; but there are ignorant posters! Call them anything you wish. They and dumocrat, Marxists insure you will eventually look past "names."
The one tool full of potential to put small business on equal footing with the big guys has been transformed into an albatross around our neck. 40 years of legislation imposed at all levels of government with the attitude of easy peasy they have a computer.
The same damn thing happened to the Buy America Act. The result after that 70s legislation joke: U.S. Steel: gone. Beth: gone. Quality Sheet Pile and step tapered Piles gone. S4S steel any size: wad you talkin' bout, Willis? Metal fabrication businesses: 90% kaput. BTW, how long does the Constructor want to wait for V50? Hmmm....? Might as well flitch plate 3 A36s together (make that 4 for just in case quality strength is a little iffy in that not quite equal stuff. Cheap steel: yep, in quantity and quality by our friend China via the old tonnage switcheroo courtesy of Canada and Mexico. Cheap steel: yep, in quantity and quality by our friend South Korea via the transportation exception, AND the lollipop licked is that rjk ENDS UP BEING THE LARGEST OCEAN TRANSPORT TANKER BUILDER AND RETROFITTER IN THE WORLD. Yep, we done some gud stuff, there with that thing there. That'll show em'.
Funny you say that.....I am working on an international airport renovation. The designer is dead set on these European bathroom fixtures that are only made in the UK.... Cept the job is federal money and its gotta be build back buy American crap..... Designer ain't budging and I been stuck all week. I'm a resourceful fellow, but they got me at an impasse. I so wish the Fed would leave me the hell alone.
I see it coming. is this a Div. 10 issue? Did you submit the UK items or U.S. items? Be careful, now: I don't know what State you are in, and I assume this is not a local county owned facility that still has to comply with FAA regulations, but a Federal funded facility. Accordingly, what does the specification state as approved manufacturers, and what doe Div. 1 inclusive of the contract and linked subcontract state concerning substitutions and submittals? The Buy America Law is not a never-ending totality of all specification divisions, but rather that which applies under tariff and trade agreements with foreign entities. Is this an AIA Contract, or Fed Contract or AGC Contract, or? I would think it starts with whether or not you submitted a named product for approval, or a substitute product via an or equal clause....which must reach beyond the adequacy and function equality. Not knowing you State, I don't know if the Spearin Doctrine has been tested or not, nor do I know if the Contract is a Fed Contract or not. However, I do know that you better be papering all parties...Owner/Architect/Contractor etc., with the spec required Notice of Delay language, by a proof of delivery method, inclusive of increased costs, time, overhead etc. Do not fall for the one time claim notice krap. Paper their azz every day with a running narrative of the status/conversations/additional impacts (such as manufacture schedule change due to the delay) and don't let up. Was a professional CPM utilized, or a simple decision tree line item schedule submitted by the GC? Is your Contract a Subcontract of a separate or a direct Owner-Contractor Contract for your Division? I wish I could be there to review but since I can't if you can use a support position any time, just message me. I was raised under the Big Six mantra: Sue The Bastards. So....
Oh, and don't fall for the Sole Source Bull in a Fed funded Buy America Contract. You will slaughter their azz.
Thanks! Yes a D10 product and yes an AIA contract. Architect was quite detailed with his specification and I followed to the letter. Architect won’t approve what the designer insists upon without a Buy America letter and the clock is ticking. Can’t get custom materials fabricated in South Wales and have them here overnight like some US manufacturers can do. I been at this a mighty long time and my bases are quite covered. I love writing letters… And I appreciate the heads up.
Just today I did the legwork to figure out how I could (at additional cost of course) ship American raw materials to the UK for fabrication and ship the manufactured product back. I figure the Fed loves to spend money so why not? I’m waiting to see how they handle that knuckle ball.
You are crossing into possible Spearin Doctrine territory Is YOUR AIA Contract with the General Contactor or with the Owner directly? is it based on Construction Management format? Remember, neither the Architect nor the Designer has authority to bind the Government. Don't lay down when the first shot fired at you is the AIA because I said so BS, quoting 13 non-linked specifications and conveniently sidetracking the contract read as a whole and the Contra Proferentem fences. You have their short hairs. I have always found the Owner supplied Schedule Outline, usually enhanced by the GC or CM and then approved a wonderful tool in such instances as you are facing, because I have full faith that it does not and did not contemplate an extended timeline for the on-site receipt of material or flag it as a priority to the Schedule. The bastards always forget that little pesky issue. Impossibility of performance nails them. Submit Request for Change Order now, following the Contract format and notification of all parties involved, inclusive of downstream contractors/subcontractors/suppliers. On the basis of what you have shared so far, you appear to be in the position we used to call "Show me your bank balance". Truth in editing: changed "the" to "their". It happens.
Good morning, Mr. Mopar... I woke this morning with the thought that I may have encroached on your issues in an annoying manner, by being..... a touch to enthusiastic with my comments. I assure you I did so with good intentions and void of any lookatmeIgoogledstuff to impress you. If I don't personally know stuff, I don't opine. Commenting to impress the audience is not dignified, and I like my self-respect level, so I don't do it. You have been in the game a long time and I am certain know the nonsense played by Owners, Architects Contractors and Subcontractors if it benefits their interests at your expense. I was, in my own manner, exhibiting support for your position. I will refrain from continuing, but offer a sympathetic "ear" should you find same worthwhile, via private message. I detest entities and individuals that seek advantage over honorable persons, for no other base reason except their Ego With Sincerity, John
Oh my, now I am confused. Charlie?? John?? Heavens sakes, I feel like I have been given a glimpse behind the curtain at the wonderful Oz… In all seriousness, I am quite the humble fellow and hope that when people speak of me when I am not in the room they say that Mopar Dude may be a bit silly but he is an honorable fellow. I do things the right way and in a business that favors the low bid, it does cost me work. But I won’t have it any other way….. Saying that I also acknowledge that I am not the most educated out there. I left formal education to see the world in the Army and after that fully dedicated to working and making a way for my family…… So I am all ears when someone more educated or more worldly than myself is speaking. I truly appreciate it. In fact, I have every intention of educating myself on this Spearin Doctrine you mentioned. I have never heard the term and it sounds as though something there could be useful to me and I have every intention of researching that. It is very apparent to me that you have a firm grasp of commercial construction and that certainly has my interest. I figure it probably appeared I was disinterested after I didn’t respond to your post last night. I start my day before 4am… Old habit left over from my time in service so I hit the sack early. And on top of that I had committed to carrying my grandson on a (wet and rainy) fishing expedition this morning. So I am just now getting back to this. I assure you. Not annoyed in the least.
Our lives and experiences and and attitudes mimic each other. Me? 4;30AM, my entire life. No, I did not think you were disinterested when you did not reply. I simply wanted you to know that if I was infringing, there was no intent. Yes, John. You are welcome to address me as such. I use Charley because it is my wife's name. She is Asian, so....I suspect you understand the nuance. It is her way of spitting in the face of those that never got over it.
