News & Analysis as of

Contractors Penalties

Vinson & Elkins LLP

The Very Timely PWA Requirements Finalized

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On June 18, 2024, the Department of the Treasury (the “Treasury”) and the Internal Revenue Service (the “Service”) issued final regulations (T.D. 9998) (the “Final Regulations”) regarding compliance with the prevailing wage...more

Spilman Thomas & Battle, PLLC

CASPA Clash: Major Victory for Contractor in Pipeline Project Dispute as Third Circuit upholds CASPA Penalties and Fees

In a significant decision on April 17, 2024, the U.S. Court of Appeals for the Third Circuit upheld significant penalties and attorney fees awarded to C.J. Hughes Construction Company, Inc. under the Pennsylvania Contractor...more

Cozen O'Connor

Third Circuit Rules on Pennsylvania Prompt Payment Act, Affirms Penalty Interest and Attorney's Fees

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Pennsylvania’s Contractor and Subcontractor Payment Act (CASPA) governs downstream payment obligations on private construction contracts in Pennsylvania. CASPA provides downstream parties with various protections to better...more

Harris Beach PLLC

False Claims Act Enforcement Highlights Need for Robust Compliance Programs

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The U.S. Department of Justice (“DOJ”) announced its False Claims Act (“FCA”) enforcement statistics for FY 2023 and identified key priorities for FCA enforcement in 2024 and beyond. The DOJ continues to pursue FCA...more

Mitchell, Williams, Selig, Gates & Woodyard,...

OSHA Enforcement: Conley, Georgia, Chemical Manufacturing Facility and its Maintenance Contractor Cited for Alleged Violations

The Occupational Safety and Health Administration (“OSHA”) announced in a May 16th news release that it had cited Arch Wood Protection, Inc. (“AWPI”)  and Mullins Mechanical & Welding, LLC (“Mullins”) for alleged violations. ...more

Jenner & Block

Government Contracts Legal Round-Up - March 2023 Issue 5

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Claims Cases Aries Construction Corp. v. United States, No.22-166C (February 21, 2023) - Court of Federal Claims Judge Schwartz issued an opinion discussing the relationship between the Contract Disputes Act (CDA) claim...more

Foley & Lardner LLP

Child Labor: 9 Key Strategies to Mitigate Risk of Child Labor in the Supply Chain

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Since 2018, the U.S. Department of Labor has seen a 69 percent increase of children being employed illegally by companies. Last month, the U.S. Department of Labor (“DOL”) and Department of Health and Human Services (“DHHS”)...more

Sheppard Mullin Richter & Hampton LLP

Inflation Reduction Act: Wage and Apprenticeship Requirements

President Joe Biden signed into law the Inflation Reduction Act of 2022 (“HR 5376”) (the “IRA” or the “Act”), on August 16, 2022. There are numerous tax credits in the legislation that intend to facilitate access to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

OSHA Enforcement: Proposed Penalty Assessment for Mandeville, Louisiana, Solar Panel Installation Contractor

The Occupational Safety and Health Administration (“OSHA”) issued a November 12th news release stating that it was proposing to assess penalties to Marc Jones Construction LLC (“MJC”) for alleged violations of federal...more

Sheppard Mullin Richter & Hampton LLP

2021 California Legislative Update: California’s New Employment Laws

To close out the 2021 legislative season, Governor Gavin Newsom signed dozens of bills into law, many of which directly affect California employers.  In addition to the coverage in prior blog posts, which are linked below,...more

Adams and Reese LLP

Louisiana Licensing Tips for Outside Contractors in the Aftermath of Hurricane Ida

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On August 29, 2021, Hurricane Ida made landfall in Louisiana, leaving catastrophic damage in her wake. With over a million people without power and billions of dollars in property damage, the restoration efforts are just...more

Seyfarth Shaw LLP

Cardinal Sin – Construction Contractor’s Alleged Failure to Abate OSHA Citations Results in Big Penalties

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Seyfarth Synopsis: By ignoring the terms of a settlement agreement it had with the Occupational Safety and Health Administration (“OSHA”), a New Jersey roofing contractor now faces more than $600,000 in penalties after...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? Design Builder - Style Points

Dear YouDig? We are a design builder with jobs throughout Ohio and the Midwest. We have noticed an increase in workplace discrimination and hostility on many of the jobs we are running. This is definitely not our style...more

K&L Gates LLP

COVID-19: Corona-Related Legal Issues in German Construction Law

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The current corona virus (COVID-19) situation raises many questions relating to German building law that cannot be answered with legal certainty due to a lack of case law. This article will show how the “corona crisis”...more

Seyfarth Shaw LLP

OSHA Proposes Over $1M in Fines Against Florida Roofing Contractor for Egregious Fall Hazards

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Seyfarth Synopsis: The Federal Occupational Safety and Health Administration (OSHA) has cited Florida Roofing Experts Inc. – a Jacksonville, Florida, roofing contractor, for failing to protect workers from falls at two work...more

BCLP

Construction 2020: United Kingdom

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Foreign pursuit of the local market - If a foreign designer or contractor wanted to set up an operation to pursue the local market, what are the key concerns they should consider before taking such a step? Originally...more

Steptoe & Johnson PLLC

CASPA Is Now a More Powerful Tool for You to Collect Payment

Most states have a “prompt payment act” that protects contractors’ and subcontractors’ right to payment for work on public projects. Pennsylvania also has a law that protects contractors’ and subcontractors’ right to payment...more

White & Case LLP

Liquidated damages in energy projects

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In a noteworthy decision to participants in the energy industry, the High Court of England & Wales examined what constitutes a valid liquidated damages clause in the event of delayed completion of a solar project. And last...more

FordHarrison

D.C. Council Seeks To Amend Wage Theft Prevention Act

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Executive Summary: The D.C. Council is seeking to amend the D.C. Wage Theft Prevention Act less than one year after the last amendment. If passed, the amended law would substantially increase penalties...more

Foley & Lardner LLP

New Penalties for Misrepresentations From Small Business Government Contractors

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Under a final rule effective August 27, 2013, small businesses, including those in the automotive industry, that willfully misrepresent their small business size status for the purpose of soliciting or obtaining a federal...more

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