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Read need-to-know updates, commentary, and analysis on Construction issues written by leading professionals.

Government Contractor Awarded Attorney Fees for Defending Against “Unreasonable” FCA Claim

by Dorsey & Whitney LLP on

The U.S. Court of Appeals for the Sixth Circuit recently concluded that a contractor should obtain an award of attorney fees for having to defend against an “unreasonable” False Claims Act (“FCA”) suit. In United States ex....more

All Small Mentor-Protégé Program Mid-Year Report: Fast Figures Small and Large Businesses Need to Know

The Small Business Administration (SBA) started accepting applications for the new All Small Mentor-Protégé Program (ASMPP) in October 2016, but SBA has seen a surge in applications in the first six months of 2017....more

Failure to Register Public Works Projects with DIR Could Result in Penalties - New California Law Takes Effect Immediately

by Best Best & Krieger LLP on

This week, Gov. Jerry Brown signed into law SB 96, which permits the Department of Industrial Relations to impose fines and penalties on local government agencies for failing to comply with certain prevailing wage laws....more

President Trump’s “Buy American, Hire American” Executive Order and the Construction Industry

“We will have two simple rules when it comes to this massive rebuilding effort, buy American and hire American” – President Donald Trump On April 18, 2017, President Trump signed Executive Order No. 13788 implementing his...more

"New York Requires Contractors to Disclose Employee Salary Data"

In January 2017, New York Gov. Andrew Cuomo issued Executive Order 162 (the order) requiring state contractors to disclose the salary paid to employees who work on the contract. The order attempts to address disparity in pay...more

California Supreme Court Finds that When it Comes to Intentional Interference Claims, Public Works Projects are Just Different,...

Earlier, we reported on a California Court of Appeals decision – Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc. – which held for the first time that a second-place bidder on a public works contract could sue a...more

President Trump Repeals Contractor “Blacklisting” Rule

Former President Obama’s so-called “Blacklisting” rule was short-lived. On Monday, President Trump signed a joint resolution eliminating the rule, which had required bidders on federal projects with a value in excess of...more

Construction E-Note - March 2017

by Burr & Forman on

In an article published on March 10, 2017 by Construction Executive, Meghan Cox provides guidance on how businesses can reduce the risks associated with violence in the workplace and how businesses should handle this violence...more

Union Fund Uses NY False Claims Act to Blow Whistle on Prevailing Wage Violator and Recover $33,750

by Genova Burns LLC on

In the first reported case of its kind in New York, in February a union fund received a five-figure settlement payment from a Harlem-based general contractor that worked on a New York City affordable housing project after the...more

Ohio GOP Bill Would Give Counties, Cities Option on Paying Prevailing Wages

by Benesch on

Ohio’s counties and cities would have the ability to decide whether they want to pay state-mandated prevailing wages on taxpayer-funded projects, or allow contractors to bid on projects without such requirements, under a bill...more

Change for employers tendering and performing building work

by DLA Piper on

At a Glance - The Turnbull government is likely to secure an earlier commencement date for provisions within an important component of the new Australian Building and Construction Commission laws ('ABCC laws') — the...more

Los contratos gubernamentales promueven cada vez más los objetivos relacionados con las políticas laborales

by Bilzin Sumberg on

El año pasado, el gobierno federal implementó varias normas que exigen que sus contratistas cumplan con ciertos requisitos de trabajo justo. Por ejemplo, una norma federal finalizada en el mes de septiembre exige que los...more

Obama Trumped? Top Five Trump Targets Among Obama’s Executive Orders

The election of Donald Trump will significantly affect companies that contract with the federal government. Trump’s business background and campaign promises suggest many upcoming changes in the way the federal government...more

Torts – Premises Liability

by Low, Ball & Lynch on

Al Khosh v. Staples Construction Company, Inc. - Court of Appeal, Sixth Appellate District (October 26, 2016) - Under Privette v. Superior Court (1993) 5 Cal.4th 689, an employee of an independent contractor...more

Government Contracts Legislative and Regulatory Update - November 2016

by Dentons on

We are pleased to send you the November edition of "Government Contracts Legislative and Regulatory Update," which offers a summary of the relevant changes that took place during the month of October. Highlights this month...more

Failing to Pay Proper Wages on Government Contracts Can Lead to Liability Under the False Claims Act

by Baker Donelson on

For FY 2016, there are more than 36,000 federal government construction contracts where Davis-Bacon Act, 40 U.S.C. § 3142, prevailing wages applied. According to www.spending.gov, these types of contracts accounted for $9...more

Labor & Employment Hot Topics Impacting the Construction Industry

A number of employment-related developments are likely to impact the construction industry. This article is intended to briefly summarize some of these developments....more

District Court Preliminarily Enjoins Majority of Department of Labor “Fair Pay and Safe Workplaces” Final Rule

On October 24, 2016, the U.S. District Court, Eastern District of Texas preliminarily enjoined the majority of the Department of Labor’s Final Rule implementing President Barack Obama’s Executive Order 13673 that imposed...more

Election 2016: Where the Candidates Stand on Issues Affecting the Construction Industry

Here we are. The rollercoaster 2016 election is ending. Millions of Americans have voted already. Polls show a close race heading into Election Day. As the last Americans go to the voting booth, we take a look back at what...more

The Construct - November 2016

In This Issue: - Election 2016: Where the Candidates Stand on Issues Affecting the Construction Industry: Here we are. The rollercoaster 2016 election ends tomorrow. Millions of Americans have voted already. Polls...more

Texas Federal Court Blocks Enforcement of Key Portions of Fair Pay and Safe Workplaces Rules

by Jackson Lewis P.C. on

A U.S. District Court Judge has ordered a nationwide preliminary injunction blocking the labor law violation disclosure requirements and restriction on use of arbitration agreements portions of the Fair Pay and Safe...more

Weekly Update Newsletter - October 2016 #3

by PilieroMazza PLLC on

SMALL BUSINESS ADMINISTRATION - Small Business Mentor-Protégé Programs - Corrections - The SBA has issued technical corrections to its final rule published in the Federal Register on July 25, 2016 (81 FR 48557),...more

Fair Pay and Safe Workplaces Rules ‘Misguided,’ ‘Unlawful’ and Must be Blocked, Says Texas Lawsuit – TRO Hearing Scheduled for...

by Jackson Lewis P.C. on

Several large construction and security industry groups have filed a lawsuit in the U.S. District Court for the Eastern District of Texas to block the heavily criticized Fair Pay and Safe Workplaces Executive Order 13673 and...more

OFCCP expands Mega Construction Project Program

The Bureau of Labor Statistics projects that employment in construction and extraction occupations will grow 10 percent from 2014 to 2024 – increasing from 6.5 million to 7.2 million jobs – the biggest increase in any...more

Third Circuit Deals Blow to Jersey City Ordinance Requiring PLAs on Privately Funded Projects in Exchange for Tax Abatements

by Genova Burns LLC on

Jersey City’s Municipal Code offers real estate developers generous tax exemptions that are designed to spur the City’s economic growth, but the tax incentives have strings attached. Specifically, to receive a tax exemption,...more

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