Common Employment Law Mistakes for Small, Start-Up and Growing Companies
As Sequestration Causes Push for Unrequited Patriotism, Government Contractors Should Just Say No
Alan Chvotkin on Sequestration
A recent federal District Court decision holding a teaming agreement between two contractors unenforceable under Virginia law raises questions about the usefulness of these commonly employed agreements—and not just in...more
Subcontracts typically contain either a pay-when-paid clause or a pay-if-paid (i.e., contingent payment) clause. A pay-when-paid clause only deals with the timing of the obligation to pay the subcontractor. ...more
One of the most effective payment remedies for direct contractors, subcontractors and material suppliers is the mechanics lien. First conceived by Thomas Jefferson to encourage construction of the then “new” capital city of...more
Although insurance requirements are typically addressed in most construction contracts, they are often given minimum attention. On the other hand, attorneys’ fees are always a major concern. Notwithstanding, requiring...more
In December, 2011, the Office of Contract Compliance Programs (OFCCP) caused much consternation among the federal contracting community by publishing proposed changes to the affirmative action and nondiscrimination...more
On April 18, 2013, the Illinois House of Representatives passed House Bill 924 on a 60–50 vote. The bill amends the Illinois Prevailing Wage Act (820 ILCS 130/2) to require that all contractors and subcontractors bidding on...more
The Industry and Current Legislation - The NSW building and construction industry (the Industry) is plagued by a high level of insolvencies. In the 2012 financial year, almost 25% of the external administrations...more
In Forrest Construction, Inc. v. The Cincinnati Insurance Co., No. 11-6262, 2013 U.S. App. LEXIS 722 (6th Cir.), the United States Court of Appeals for the Sixth Circuit held that an insurer breached its policy with an...more
In a significant victory for the U.S. Department of Labor (DOL), the U.S. District Court for the District of Columbia recently found providers of healthcare services are subject to federal equal employment opportunity...more
Introduction - Construction contractors and subcontractors, as well as commercial policyholders generally, will wish to take note of a recent Supreme Court of Minnesota decision that lends insight into the scope of...more
An issue that is often overlooked, but should be considered in the context of large project transactions, is the potential insolvency of contractors and subcontractors. A bankruptcy proceeding involving a key contractor can...more
The Office of Federal Contract Compliance Programs (OFCCP) recently issued new investigation standards and procedures as well as a new policy directive for reviewing compensation systems and practices of federal contractors...more
After a relatively quiet 2012, the Office of Federal Contract Compliance Programs (OFCCP) hit the ground running in 2013. In a second major announcement in the new year, OFCCP issued new investigation standards and procedures...more
As we near the end of the regular session of the Texas legislature (May 27), we wanted to give you a quick update on the status of various proposed nonsubscriber-related bills. Similar measures to these have been proposed...more
Healthcare providers who treat government employees through a health maintenance organization are government subcontractors subject to the jurisdiction of the Office of Federal Contract Compliance Programs (OFCCP), according...more
Christopher Hill, LEED AP discusses how being a solo construction attorney helps his contractor and subcontractor clients with the flexibility and responsiveness that a smaller law firm can give....more
On January 1, the Public Works Employment Verification Act went into effect in Pennsylvania. Signed into law last July, the act requires all Pennsylvania public works contractors and subcontractors involved in projects of...more
In a long-awaited decision, the U.S. District Court for the District of Columbia ruled that three hospitals that provide medical services through a Health Maintenance Organization (HMO) to individuals covered by the Federal...more
Three Pittsburgh hospitals have been found to be federal subcontractors subject to the jurisdiction of the Office of Federal Contract Compliance Programs (OFCCP) because of the medical services they provide to a Health...more
In a decision under the Uniform Commercial Code (“UCC”) that could apply in any state, the Massachusetts Supreme Judicial Court (“Court”) ruled this month that when a general contractor agrees to an assignment of payments to...more
The HIPAA Omnibus Rule goes into effect today, which officially starts the clock for covered entities, business associates, and their subcontractors to begin updating their agreements, forms, policies, procedures, and...more
On March 1, 2013, President Obama signed the order directing “sequestration” to go into effect. As has been repeated constantly leading up to sequestration, $85 billion will now be cut from the federal government’s budget...more
Recently, the Alabama courts have issued two significant decisions regarding the architect's role in the construction project, which will have an impact on owners, contractors, and subcontractors. It is important that you...more
In This Issue: - Complete Overhaul of Arlington County Zoning Ordinance - Construction Contracts: Avoiding Clashes and Irreconcilable Differences - Proposed Update to Arlington County’s Noise Control...more
Contractor and subcontractor claims seeking relief—time and often money—for impacts due to delay, acceleration, disruption and loss of productivity and/or efficiency are common, as are disputes arising from such claims that...more
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