What Happens Next for St. Petersburg After ABC Lawsuit Ruling

00:01:22:25 Attorneys Brian Lambert from Adams & Reese, and Ric Asfar from Almazan Law join the show,

 

In this episode of *Blueprints & Banter*, titled "Fighting for Fairness in Construction," host Steve Cona welcomes co-hosts Dave Turcios and Laura Gross for an in-depth discussion on a significant legal battle in the construction industry. The episode centers around a five-year court case involving the City of St. Petersburg's apprenticeship and disadvantaged worker ordinances, with Steve and his guests unpacking the implications of the recent court ruling.

 

The episode begins with Steve and Dave acknowledging their sponsors and setting the stage for the episode’s legal focus. Steve introduces two special guests—attorneys Brian Lambert from Adams and Reese, and Rick Asfar from Asfar Law—who were instrumental in the victory against the City of St. Petersburg. Together, they break down the arguments that led to this win, focusing on how the ordinances overreached in mandating specific numbers of apprentice and disadvantaged worker hours for city construction projects.

 

Rick Asfar delves into the legal nuances, highlighting how their team successfully argued that these ordinances violated state law, particularly regarding preemption in the field of apprenticeships and the public bidding process. He also touches on the constitutional arguments of equal protection and due process, emphasizing how construction companies were unfairly singled out by these requirements. Rick further explains how penalties tied to the ordinance, such as losing retainage and being barred from future city contracts, were especially problematic.

 

Brian Lambert adds context by discussing the impact of state legislation, such as House Bill 53, and how it played a role in narrowing the city's authority to enforce these ordinances. He stresses how these legal victories were not just important for the construction companies involved but for the entire industry, as the ruling sets a precedent for future cases involving similar ordinances across the state.

 

The conversation turns toward the broader implications of this ruling. Laura Gross points out that contractors now feel more empowered to reach out to trade associations like ABC (Associated Builders and Contractors) for support when faced with questionable local ordinances. Dave adds that ABC is uniquely positioned to take on these battles on behalf of its members, ensuring that individual contractors aren’t left to fight alone.

 

In their closing remarks, Rick and Brian emphasize the importance of vigilance in the industry. They encourage contractors to speak up if they sense unfair practices or regulations and highlight the critical role trade organizations play in defending the rights of the construction community.

 

The episode wraps up with a reflection on the victory's long-term significance for Florida's construction industry, including the economic opportunities presented by major upcoming projects like the new Rays stadium in St. Petersburg. Steve and his co-hosts express their gratitude to ABC, their legal team, and the broader construction community for their collective efforts in this monumental case.

 

Listeners are reminded to subscribe to *Blueprints & Banter* for more episodes that keep them informed about the latest industry trends, legal battles, and stories of perseverance in construction.

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Associated Builders and Contractors (ABC) is a national association with 68 chapters representing more than 23,000 merit shop construction and construction-related firms.

 

* ABC is the merit shop construction industry's voice with the legislative, executive and judicial branches of the federal government and with state and local governments, as well as with the news media.

* ABC's mission is the advancement of the merit shop construction philosophy, which encourages open competition and a free-enterprise approach that awards contracts based solely on merit, regardless of labor affiliation.

* ABC's activities include government representation, legal advocacy, education, workforce development, communications, technology, recognition through national and chapter awards programs, employee benefits, information on best practices and business development through an online contractor search directory.

ABC was founded in 1950 when seven contractors gathered in Baltimore, Md. to create an association based on the shared belief that construction projects should be awarded on merit to the most qualified and responsible low bidders. Today, ABC is recognized as one of the leading organizations representing America's business community and the merit shop construction industry.