The Impact of the Separations Act on Public Construction Projects

In this episode of the Building PA Podcast, co-hosts Chris Martin and Jon O'Brien delve into a significant topic affecting the construction industry in Pennsylvania: the Separations Act. With a history spanning over a century, the Separations Act mandates that public construction projects at the state and local levels must hire at least four separate prime contractors—specifically for general trades, electrical, HVAC, and plumbing.

Jon, who has extensive knowledge of the Act, explains its origins, enacted on May 1, 1913, in response to rampant corruption in public contracting, particularly highlighted by the over-budget Pennsylvania State Capitol project. The discussion touches on the historical context of the Act, including early efforts to repeal it and the political dynamics surrounding it, with both major political parties having attempted to modernize or repeal the law over the years.

The hosts explore the implications of the Separations Act on modern construction practices, noting that while it was perhaps necessary in its time, the construction landscape has evolved significantly. They discuss how the requirement for multiple prime contractors can hinder collaboration and efficiency in project delivery, contrasting it with more modern methods like design-build and construction management at risk.

Throughout the episode, Chris and Jon emphasize that they are not taking a political stance on the issue but rather aim to educate listeners about the Act's history and its current relevance. They highlight the need for increased awareness and education among legislators and industry professionals, particularly younger project managers who may not be familiar with the Act.