Public Works

News & Analysis as of

Hot List – What’s Happening in the California Legislature 3/20-3/24

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week...more

California Supreme Court Rejects Claim by Second-Lowest Bidders on Public Works Contracts that Low Bidder Interfered with a...

The California Supreme Court in Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc. (Feb. 16, 2017) Case No. S225398, --- Cal.3d ---, held that for public works contracts awarded to the lowest responsive, responsible...more

Hot List – What’s Happening in the California Legislature 3/13-3/17

As the 2017-18 legislative session gets underway in California, policy committees are beginning to hear and vote on bills – including numerous proposals that impact California employers. Our weekly “hot list” will provide you...more

Federal Court in Oklahoma Rules that Bond Issued on a Sovereign Tribal Construction Project is Not a Miller Act Bond Even Though...

United States ex rel. J.A. Manning Constr. Co. v. Bronze Oak, 2017 U.S. Dist. LEXIS 6054 (N.D. Okla. Jan. 17, 2017) - In May 2014 the Cherokee Nation issued a bid notice for bridge and roadway construction in Mayes...more

Governor Brown’s Proposed 2017-18 Budget – What Do Employers Need to Know?

Last month, Governor Jerry Brown released his proposed state budget for the 2017-18 fiscal year. This move represents only the opening salvo in a months-long budget negotiation that will occur over the next six months...more

"Buy American, Hire American"—From Rhetoric to Regulation

“We will follow two simple rules: buy American and hire American.” While world leaders are pondering what these words from President Trump’s Inaugural Address mean for international trade, a different question looms for U.S....more

Under Construction - December 2016

Welcome to the winter 2016 edition of our Under Construction newsletter. We hope your year has been good to your family, your company and you as we wrap up these remaining few weeks of 2016. A recent hot topic with...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

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19516 - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America...more

Congressional Energy Roundup

Fracking Insider Readers: Below, please find this week’s Congressional activity on oil and gas issues: - Senate: - “Examining the Local Impacts of EPA’s Climate Regulations.” Committee on Environment and Public...more

Senate Approves $4.9 Billion for Drinking Water

Congress in recent years has not really been in the business of solving core public welfare problems like safe drinking water. Today the Senate, however, has taken a major step forward by passing the 2016 Water Resources and...more

California Legislative Update: It's Now Up To The Governor

The California Legislature completed its substantive legislative work for the year in the very early morning hours of Thursday, September 1, 2016, with the usual frenetic, last-minute flurry of bill-passing, including some...more

Public Works Slowdown Following Implementation of the New Italian Public Procurement Code

The Italian Government definitively approved Legislative Decree no. 50 in April this year, implementing Directives 2014/23/EU, 2014/24/EU and 2014/25/EU of the European Parliament and European Council. The revised legislation...more

California Public Works Contractors Will Be Required to Submit Payroll Records Electronically Starting August 1

The California Department of Industrial Relations (DIR) announced this week that the requirement for public works contractors and subcontractors to submit certified payroll records (CPRs) electronically using the DIR’s...more

Missouri expands project delivery options for public works projects

The State of Missouri recently joined a majority of states allowing political subdivisions to make use of design-build and construction manager-at-risk contracts for public works projects. The new law, signed on July 1, 2016,...more

Oregon Law to Affect Pay Stubs, Time and Pay Records, and Wage Theft

The State of Oregon has enacted a new law, SB 1587, designed to increase transparency with respect to employee pay, prevent wage theft, and expose wage and hour violations. Generally, the law will require employers to provide...more

Ready, Set: Time to Add Ready-Mixed Concrete to “Public Works” Definition

Public works contracts awarded on or after July 1, 2016 will be subject to the more expansive definition of public works added by California Assembly Bill 219 (Daly). For purposes of Article 2 of California’s Labor Code,...more

CalCIMA ‘Checklist’ for Compliance with AB 219: New Prevailing Wage Requirements for Concrete Suppliers

In 2015 the California State Legislature passed AB 219, a bill that extends California prevailing wage requirements to ready mixed concrete suppliers, effective July 1, 2016. The new law represents a sea-change in...more

“A Lot of Ingredients” in This Year’s WRDA

As Congress works to complete a Water Resources Development Act for 2016 (“WRDA 2016”) before the summer Congressional recess, stakeholders with an interest in U.S. Army Corps of Engineers (“USACE”) civil works projects,...more

Significant Water Legislation Moving in the Senate

The largest overhaul to the nation’s aging water infrastructure in decades is making progress in the Senate. On April 28, 2016, the Senate Environment and Public Works Committee approved a $9 billion update to the Water...more

Sixth Circuit’s Rejection of Taint Damages Theory in False Claims Act Case Reinforces that Value-Received May Substantially Offset...

In False Claims Act (“FCA”) cases, the Department of Justice and, where the government has declined to intervene, qui tam plaintiffs, routinely pursue aggressive damages theories. In its recent decision in U.S. ex rel. Wall...more

Update: A New Color to be Added to Mid-Atlantic Transit: The Maryland Purple Line

On April 6, 2016, the Maryland Board of Public Works unanimously approved the public-private partnership (“P3”) agreement for the Maryland Purple Line light-rail transit project, concluding the 30-day review period described...more

Changes Loom for Public Works Projects and Payment Bond Claims in Pending Connecticut Legislation

A recently proposed bill to reduce the retainage amount for certain public work contracts to five percent and to allow a claimant to recover reasonable attorney’s fees and costs from a payment bond surety that fails to timely...more

The DIR Calls Timeout On Its New Electronic Certified Payroll Reporting Requirements

The California Department of Industrial Relations (DIR) recently issued a follow-up notice to public works contractors and agencies to clarify the DIR's current enforcement of its Electronic Certified Payroll (eCPR)...more

Il Nuovo Codice degli Appalti e delle Concessioni

Varato il decreto legislativo che riforma la materia in attuazione delle direttive UE 23, 24 e 25 del 2014 - Il 3 marzo scorso, il Consiglio dei Ministri ha approvato in esame preliminare il decreto legislativo di...more

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