Funding for infrastructure projects is undergoing a significant shift with the recent passage of the One Big Beautiful Bill Act (OBBBA), which introduces both new opportunities and challenges for organizations involved in federally funded infrastructure and community development initiatives.

Unlike prior legislation such as the Infrastructure Investment and Jobs Act (IIJA) or the Inflation Reduction Act, the OBBBA recalibrates funding priorities by:

• Rescinding certain clean energy and community-focused grants
• Accelerating the phase-out of key clean energy tax credits
• Expanding tax incentives aimed at affordable housing and job creation

These changes require organizations to reassess project plans and compliance strategies to effectively navigate the evolving federal funding landscape. While federal funding aims to bolster national infrastructure and innovation, it also brings a complex layer of regulatory compliance and construction management challenges.

Leverage federal funds while maintaining compliance with regulatory requirements by exploring how to effectively manage these dual aspects with the following insights.

The Dual Challenges

The recent legislation changes present organizations leveraging federal funding with a significant challenge: navigate an increasingly complex compliance landscape while managing the logistical challenges of large-scale construction and development projects.

Construction Management Challenges

• Scope and Budget Management. Effective policy, controls, and oversight are crucial to prevent scope creep and ensure projects remain within budget. This involves meticulous planning, clear communication, and regular stakeholder engagement to align expectations and project deliverables.
• Operational Efficiency. Enhancing operational efficiency is critical to avoiding project delays and cost overruns. This includes adequate resource allocation, streamlining and standardizing procedures and processes, and employing technology to support project management.
• Risk Management. Implementing strong contracts and identifying potential risks early in the project lifecycle allows for timely mitigation strategies, reducing the likelihood of unforeseen issues that can derail projects.
• Program Assessment and Improvement. Monitoring your program’s progress is critical to success. Early identification of factors that can threaten project success allows for timely resolution of potential problems that can cause delays and cost overruns. An early and proactive construction process improvement review promotes the implementation of the right controls, governance, and technology to effectively reduce risk and cost, enhancing a project’s efficiency and performance.
• Compliance. State, federal, and other funding sources or incentives include various requirements and provisions that require strict adherence to maximize their benefit. Invest the appropriate level of knowledge and time to develop a compliance program to monitor progress and meet requirements.

Grant Compliance Challenges

• Adherence to Regulations. Navigating the complex regulations associated with federal grants requires a thorough understanding of the conditions tied to funding, including elements such as procurement regulations, and documentation to support the usage of funds, and financial and programmatic reporting requirements, in which documentation must be meticulously managed to maintain funding eligibility.
• Subrecipient/Subcontractor Monitoring. Monitoring the compliance of subrecipients and subcontractors is essential, particularly in adhering to certified payroll requirements—a common compliance concern in federally or state funded projects.
• Documentation and Reporting. Keeping detailed records and generating accurate, timely reports are critical for both internal monitoring and compliance with federal requirements. This supports transparency and accountability throughout the project lifecycle.
• Documented Policies and Procedures (P&Ps). New funding sources can often mean that new regulations apply to various areas such as procurement, capital asset tracking, and document and record retention requirements. Without clear and documented P&Ps, organizations face significant risks in meeting adherence to these new requirements. Strong documented policies help ease operational disruptions during employee turnover or when holding employees accountable. Establishing norms and consistent processes through defined P&Ps is crucial for ensuring the success of grant funded projects as well as guiding employee actions and maintaining operational continuity.

Strategic Approaches to Integrated Management

Implementing strategic tactics to integrating construction management with federal compliance regulations can help create a strong operational framework that supports project success and future funding opportunities.

Early Engagement and Comprehensive Planning

Engaging with grant compliance and construction experts early in the project can help align the project’s scope and controls with federal compliance requirements, ensuring a smoother execution phase.

Comprehensive risk assessments should include a detailed analysis of compliance risks and construction challenges, setting the stage for effective monitoring and risk mitigation strategies.

Robust Monitoring and Reporting Systems

Implementing robust project management tools and controls that integrate compliance tracking with construction milestones can help maintain oversight across all project facets.

Centralized documentation systems not only facilitate easier access during audits and upon project closeout, but also enhance the efficiency of reporting and compliance monitoring.

Training and Capacity Building

Conducting regular training sessions for key team members on the construction management policies, controls, and compliance requirements confirms that all project participants are well-informed and equipped to handle their responsibilities.

Establishing clear communication protocols between the construction management team and compliance officers can prevent discrepancies and foster a collaborative project environment.

Gap Analysis and Policy Development

Performing a gap analysis identifies key control gaps in an organization’s existing structures, comparing existing policies and processes against the requirements of the funding source.

This analysis covers critical areas such as:

• Procurement
• Contract administration
• Change orders
• Expenditure
• Scope management
• Claims
• Performance reporting
• Payroll and timekeeping
• Grant management
• Conflict of interest
• Capital asset management
• Record keeping.

Based on the identified gaps, recommendations can be developed, including an implementation plan aimed at addressing the most significant or pervasive concerns first, ensuring compliance and operational effectiveness.

We’re Here to Help

To learn more about how recent legislation is impacting federally funded construction projects and how to develop an effective compliance landscape, contact your firm professional.

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