Annual Labor & Employment Update 2013
Ethics Laws and the Importance of Transparency for Public Officials
Polsinelli Podcast - Conducting Business With the Obama Administration
Jack Deschauer on Government Investigations
Is Edward Snowden a Whistleblower?
Colombia Battles U.S. Investors for $17 Billion Treasure
Suzanne Folsom and Ted Wright of ACADEMI
Kevin Kelly on Sequestration
Alan Chvotkin on Sequestration
Clark Ervin on National Security’s Business Impacts
Micah Green on U.S. Fiscal Policy
Turbulent Market for Legal Services Forces Law Firms to Innovate
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
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
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
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
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
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
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
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
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.
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Effective July 1, all of the existing statutes governing mechanics liens, stop notices and payment bonds in California will be repealed and replaced by updated statutes.
In September 2010, Governor Edmund G. Brown, Jr....more
The highest Court in Massachusetts, the Massachusetts Supreme Judicial Court (“SJC”), has just ruled that an Awarding Authority may look beyond the Department of Capital Asset Management (“DCAM”) certification materials in...more
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