A major ruling handed down on July 26 by the U.S. Supreme Court has struck down a landmark decision that will cut back on how federal agencies can interpret the laws and rules they administer.

With a 6-3 vote, the Supreme Court overruled the 1984 decision in Chevron v. Natural Resources Defense Council, which will reduce what some have considered regulatory overreach by federal agencies. This will likely affect everything from environmental regulations and health care costs to how OSHA can enforce safety standards.

In this episode of If Walls Could Talk, Legal Insights expert Trent Cotney, partner at Adams and Reese, explains how the ruling will impact the construction industry.

“As we move forward, it’s going to put tighter constraints on executive agencies, which honestly, I think, is a good thing for contractors [and] trades in the construction industry because, for a while, there was just sort of unchecked power and our whole system is built on checks and balances,” Cotney said. “This is that extra layer that’s needed. 

In addition to the Chevron decision, contractors should be aware of amendments to the Telephone Consumer Pro Act, including a rule that will go into effect at the beginning of 2025 that requires obtaining consent from the contacted party to call or text them.

Cotney offers some advice on how contractors and construction companies can get ahead of the game to ensure they are in compliance when the rule takes effect.

“If you use external marketing, if you’re using aggregators, if you’re using external people, make sure that you check your vendor agreements,” he said.

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