Administrative Agency Construction Government Contracting

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Davis-Bacon CityCenterDC Case

In a recent decision out of the U.S. District Court for the District of Columbia, Judge Amy Jackson held that the Davis-Bacon Act (“Davis-Bacon”) did not apply to a privately-funded development of privately-maintained...more

District Court Rejects Challenge to Section 503 Final Rule

On Friday, March 21, 2014, Federal District Judge Emmet Sullivan ruled in favor of the Office of Federal Contractor Compliance Programs’ (“OFCCP”) recent rule implementing Section 503 of the Rehabilitation Act, denying a...more

On Second Thought, Wage Ordinance Does Not Expand Federal Court's Jurisdiction

Miami-Dade County's prevailing wage ordinance, which sets minimum wages on publicly funded construction projects, does not authorize plaintiffs to litigate prevailing wage claims in court under the auspices of the Fair Labor...more

BuildSouth: Considering Construction Delivery Methods On Public Works

Originally Published In BUILDSouth, Winter 2013. Historically, in Alabama, the project delivery methods available for owners to de-sign and construct private projects have differed from those delivery methods available...more

HB16 Would Make Significant Changes to Economic Development in Alabama

Representative Patricia Todd (D-Birmingham) has introduced HB16, the Alabama Economic Development and Fiscal Accountability Act, for the upcoming legislative session that would make substantial changes to economic development...more

Don't Get Fried by Davis-Bacon

Web sites abound advising employees they can make “millions” by blowing the whistle on their employers for alleged violations of laws, rules, or regulations. The federal law known as the False Claims Act (FCA) also contains...more

Construction Contract Clear: Government was Owner but not Constructor

Where a 143-page contract made clear that a contractor was the “constructor” under health and safety legislation, the Yukon government, as owner of the project, was not the constructor, the Supreme Court of Yukon has...more

Recent Cases Under the Federal False Claims Act

Two federal circuit courts have recently issued major decisions involving the False Claims Act ("FCA") that promise to have a major impact on future litigation. In a case from the Sixth Circuit, the appeals court constricted...more

Off the Beaten Path: The Federal Circuit Departs From Precedent in Lumbermens

On August 23, 2011, the Washington, D.C. metropolitan area was surprised and shocked by an earthquake with a magnitude of 5.8, leading to the evacuation and temporary closing of multiple public and private buildings, and...more

Mixed Results for Renewable Energy as State Assembly Goes on Recess

Three out of four is an exceptional batting average, but renewable energy advocates are undoubtedly disappointed by the one big loss they suffered in the recent legislative session. Three bills related to solar energy and...more

Connecticut Supreme Court Reaffirms State's Immunity from Statutes of Limitation

In a decision followed closely by the construction industry, Connecticut's Supreme Court has issued a unanimous decision confirming a long-standing rule that statutes of limitations do not run against the State. The...more

Legislative Update: Governor Signs Education-Related Bills That Address Principal Evaluations, Public Contract Bidding...

KMTG is continuing our series reviewing new legislation. Unless noted otherwise, the new laws take effect January 1, 2013. Evaluations of Principals — SB 1292: The Legislature declared in passing SB 1292 that...more

Retroactive Revival Of Liability By Legislation

The US Supreme Court sometimes makes news by refusing to hear cases, not by taking them. That was certainly the case on May 29, 2012 when the Supreme Court declined to hear a case in which Minnesota’s high court upheld state...more

Municipality Held Not Liable Under Breach of Contract for Additional Unauthorized Work Performed by Contractor

In a recent decision, the Illinois Supreme Court in Patrick Engineering, Inc. v. City of Naperville, held that a municipality was not liable under breach of contract for additional work performed by a contractor which was not...more

The Davis-Bacon Corner

It is well-established that general contractors are responsible for their subcontractors’ compliance with Davis-Bacon. Nevertheless, we frequently encounter situations where the general contractor has failed to comply with...more

Charter Cities Are Not Required to Pay Prevailing Wages on Local Public Works Projects

Labor unions have long been at odds with California charter cities over whether such cities must pay prevailing wages on public works projects. While many charter cities have either not exempted themselves from state...more

Rule Raises Concerns About Adverse Competitive Impact on Small Firms that Contract with the Government

On July 27, 2012, a final rule amending FAR 2.01, 52.204-7, and 52.204-10 was published, requiring contractors to report executive compensation and first tier subcontractor awards for contracts of $25,000 or more. The rule...more

Employers Will Be Held Responsible for Their Subcontractors’ Payment of Prevailing Wages

The Davis-Bacon Act is a federal law that requires contractors to pay their laborers and mechanics prevailing wages and fringe benefits for work performed on public works construction contracts funded by federal dollars. Each...more

UPDATE: Charter City Not Required To Pay Prevailing Wage On Municipal Construction Projects

In a decision strongly upholding the municipal home rule doctrine, the California Supreme Court held that charter cities are not subject to state prevailing wage requirements for purely local construction projects. The Court...more

PA Contractors Must Use E-Verify To Check Employee Eligibility

The recently signed Public Works Employment Verification Act requires contractors and subcontractors on public works projects in Pennsylvania to verify the employment eligibility of newly hired workers using the Department of...more

Pennsylvania Enacts Mandatory E-Verify for Public Contractors

Participation in federal employment eligibility program required for public works contractors and subcontractors as of January 1, 2013. Effective January 1, 2013, Pennsylvania will require certain public works...more

Construction Law Alert: "A Guide To North Carolina’s 2012 Mechanic’s Lien And Bond Law Changes"

The General Assembly’s 2012 “short session” resulted in many controversial changes to North Carolina’s mechanic’s lien and bond laws. The changes were included in two bills, House Bill 1052 and Senate Bill 42. Governor...more

Pennsylvania Becomes The Latest State To Require E-Verify

Nearly all State Contractors and Sub-Contractors Affected The Public Works Employment Verification Act, signed into law on July 5, 2012, requires all contractors and subcontractors on public-works projects with the State...more

California Supreme Court Rules That State’s Prevailing Wage Law Is Not Quite So Prevailing: Charter Cities Need Not Require...

On July 2, 2012, the California Supreme Court issued its long-awaited decision in State Building and Constructions Trades Councils of California, AFL – CIO v. City of Vista, No. S173586. The court held that locally funded...more

California Supreme Court Rules that Prevailing Wage Laws Do Not Apply to Charter Cities

In a much anticipated decision, the California Supreme Court ruled on July 2, 2012, that charter cities in California may exempt themselves from state prevailing-wage requirements. In doing so, the Court affirmed the...more

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