News & Analysis as of

Construction Project Federal Contractors

Foster Swift Collins & Smith

Should Your Business Sign SBA Form 601 Requiring Non-Discriminatory Hiring Practices?

In 1965, President Lyndon Johnson issued Executive Order 11246 requiring all contractors and sub-contractors working on a project financed by more than $10,000 of federal funding (including Small Business Administration (SBA)...more

Jackson Lewis P.C.

2024 National ILG (NILG) Conference – Day 2

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After a stormy Orlando evening (complete with a double-rainbow) conference goers awoke to clear skies and a beautiful sunrise to start Day 2 of the 2024 National ILG Conference. Following a “State of the NILG” update and the...more

Troutman Pepper

Contractor’s Guide to the Revised Davis-Bacon Act Regulations

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Did the 2023 update to the Davis-Bacon and Related Acts, which apply to contractors and subcontractors performing on certain federally funded or assisted contracts, appropriately modernize or unduly expand the Davis Bacon...more

Jackson Lewis P.C.

OFCCP’s Proposal Requiring Construction Companies to Submit Monthly Employment Utilization Report

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The Office of Federal Contract Compliance Programs (OFCCP) has proposed reinstating a monthly reporting requirement for federal construction contractors nearly 30 years after discontinuing it. The proposal requires covered...more

Bricker Graydon LLP

$100M Mission Point Project Will Create Hundreds of New Jobs Near Wright-Pat

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As Dayton’s defense industry continues to grow, a local developer plans to invest more than $100M in a mixed-use development aimed at attracting defense contractors....more

Amundsen Davis LLC

Federal Court Invalidates Parts of the US DOL’s Davis-Bacon Act (DBA) Rule – Particularly Impacting the Transportation of Supplies...

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On June 24, 2024, a federal district court judge enjoined parts of the United States Department of Labor’s (US DOL's) August 23, 2023 prevailing wage rule that greatly expanded the definition of “construction” on federal...more

Jackson Lewis P.C.

Court Enjoins Key Provisions of Davis-Bacon Prevailing Wage Final Rule for Construction Contractors

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A federal judge in Texas has blocked the U.S. Department of Labor (DOL) from enforcing several provisions of its prevailing wage final rule under the Davis-Bacon and Related Acts (DBA) for construction contractors. Associated...more

Smith Anderson

Project Labor Agreements - What Was Optional is Now Mandatory

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In February 2022, President Biden signed Executive Order 14063, Use of Project Labor Agreements for Federal Construction Projects, which mandated the use of Project Labor Agreements (“PLA”) for federal construction contracts...more

Kilpatrick

Reign It In: Federal Court Enjoins DOL's Expansion of Davis-Bacon Coverage

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This past year, the Department of Labor (“DOL”) implemented significant amendments to the Davis-Bacon Act (“DBA”) regulations in a final rule that became effective in October 2023. The amendments significantly expanded the...more

Alston & Bird

Look Ahead to the Week of June 3: Fiscal Year 2025 Spending Bills in Focus

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Look Ahead to the Week of June 3: Fiscal Year 2025 - Spending Bills in Focus The House and Senate are in session this week, although both chambers will adjourn on Wednesday as many Members of Congress will travel to...more

Venable LLP

Virginia Contractors Can Overcome Sovereign Immunity and Sue the State Government, Even Where the Remedy Is "Equitable" Relief...

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On May 9, 2024, the Supreme Court of Virginia held that a lawsuit alleging that the state government had procured a contractor's settlement of a contract dispute using economic duress and bad faith could proceed, rejecting...more

Davis Wright Tremaine LLP

Federal Contractors Need a New Leading Case on Releases

Let's talk about releases and, in particular, the leading Federal Circuit case regarding releases that involve delay and cumulative impact. Bell BCI v. United States, 570 F.3d 1337 (Fed. Cir. 2009), involved the...more

DCI Consulting

OFCCP Announces 16 Additional Megaprojects

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The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has been heavily focused on construction projects since 2020. On Thursday, April 25th, OFCCP designated 16 federally funded construction...more

Fox Rothschild LLP

More Projects Added to OFCCP’s Mega Construction Project Program

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The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced on April 25, 2024 its designation of 16 additional federal construction projects to participate in the Mega Construction Project...more

Gray Reed

Timing Matters for Differing Site Conditions

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Many construction contracts contain some version of a “differing site conditions” clause. AIA’s A201 general conditions, as well as in the EJCDC equivalent, contains a changed site condition clause. It also appears in most...more

DirectEmployers Association

OFCCP Week In Review: April 2024

With DEI a high priority in today’s work environment, many companies are establishing employee resource groups (“ERGs”) to bring people together in celebration and support of both their commonalities and their differences....more

DCI Consulting

OFCCP Releases 2025 Budget Justification

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The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has released its budget justification for fiscal year (FY) 2025. The budget justification provides information on priorities the agency is...more

Balch & Bingham LLP

7 Ways That Davis-Bacon Changes Could Cost Contractors

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Significant new changes to the Davis-Bacon Act and Related Acts will play a critical role as federal contractors consider and prepare for construction projects in 2024, affecting labor and administrative costs as well as how...more

Schwabe, Williamson & Wyatt PC

Contractor Association Files Suit to Halt Biden’s Federal PLA Mandate

January 12, 2024 Shareholder Shareholder Shareholder On January 10, 2024, Associated General Contractors of America and the Louisiana Associated General Contractors filed suit to enjoin President Biden’s Executive Order 14063...more

Holland & Knight LLP

Project Labor Agreement Requirement for Large-Scale Construction Becomes Effective Jan. 22

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As enacted by the Biden Administration in February 2022, Executive Order (EO) 140631 and its implementing final rule2 require that all awardees of federal construction contracts for which the total estimated cost of the...more

Miller & Martin PLLC

Project Labor Agreements Required on Federal Construction Projects

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On December 18, 2023, the Federal Acquisition Regulatory (FAR) Council announced its final rule requiring Project Labor Agreements (PLAs) on all federal construction projects valued at $35 million or more...more

Kilpatrick

Federal Construction Projects Will Soon Require Project Labor Agreements Under New Rule

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On December 18, 2023, the General Services Administration (“GSA”) announced a new final rule enforcing Executive Order 14063.  The order requires federal agencies to use project labor agreements (“PLA”), which are pre-hire...more

DirectEmployers Association

DE Under 3: FAR Council Issued Final Rule Requiring Unionized Workforces on Large Federal Construction Projects

New year, new DE Under 3! In this episode, our experts discuss the Federal Acquisition Regulatory (FAR) Council's new Final Rule mandating that federal construction contractors of a certain size negotiate a union agreement,...more

Fisher Phillips

4 Answers for Federal Construction Contractors Facing New Collective Bargaining Rules

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Certain federal construction contractors and subcontractors should take the time now to review new labor requirements impacting most large-scale federal construction projects. A final rule, which the Biden administration...more

Jackson Lewis P.C.

Construction Contractors and Certified Payroll Reports Under Massachusetts Prevailing Wage Law

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Under the Massachusetts prevailing wage law (and most prevailing wage laws around the country), construction contractors performing construction on state-funded construction projects are required to pay employees the...more

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