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U.S. Supreme Court Strikes OSHA's Vaccine Mandate

National Fed’n of Indep. Businesses v. Department of Labor, Occupational Safety and Health Admin., Nos. 21A244 and 21A247 (U.S. Jan. 13, 2022)(per curiam), In a per curiam opinion issued by Chief Justice Roberts, Justices...more

Sixth Circuit Dissolves Stay of OSHA Vaccine ETS

On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit dissolved the Fifth Circuit’s stay of OSHA’s Emergency Temporary Standard (ETS) on COVID-1 vaccination and testing for employers with at least 100...more

House at War with Infrastructure as the Battleground

On August 9, 2021, the Senate passed a heavily amended version of the INVEST in America Act approving $1 trillion in infrastructure funding. That same day, House Speaker Nancy Pelosi doubled down on her promise that the House...more

Senate Passes $1 Trillion Dollar Infrastructure Bill

On August 9, 2021, the Senate passed a heavily amended version of HR 3684, the INVEST in America Act, which will extend approximately $450 billion in FY2021 infrastructure funds through 2022 and provide more than $547 billion...more

INVEST in America Act Clears Senate Hurdle

On Wednesday, July 28, 2021, the INVEST in America Act (H.R. 3684) approved by the House of Representatives cleared its first hurdle in the Senate. The Senate voted 67 to 32 (with one senator absent) to proceed to debate on...more

House Passes $715 Billion Transportation Bill

Despite President Biden’s approval of a bipartisan infrastructure plan, the House of Representatives passed HR 3684 known as the Invest in America Act, and sponsored by Representative Peter DeFazio(D) of Oregon, yesterday...more

$579 Billion Infrastructure Package Clears Some Partisan Hurdles

On June 24, 2021, President Biden approved a $579 billion infrastructure package proposed by a bipartisan group of senators last week. Some $185 billion appears earmarked for actual infrastructure projects including bridges,...more

COVID-19 Shutdown Orders Allow Construction Work to Proceed in Some States but Limit it in Others - May 2020 Update

Jurisdictions Limiting Construction Work - Massachusetts: Construction generally is allowed in Massachusetts for all residential construction and certain “essential” commercial construction, including in the City of Boston,...more

COVID-19 Shutdown Orders Allow Construction Work to Proceed in Some States but Limit it in Others

Jurisdictions Limiting Construction Work: Massachusetts: Construction generally is allowed in Massachusetts for all residential construction and certain “essential” commercial construction. However, certain cities and towns...more

COVID-19 Shutdown Orders Allow Construction Work To Proceed In Some States But Not In Others (Updated)

This update tracks COVID-19 shutdown orders as of April 29, 2020, 12:00 p.m. EDT that affect construction projects in Delaware, the District of Columbia, Florida, Illinois, Massachusetts, Minnesota, New Jersey, New York and...more

COVID-19 Shutdown Orders Allow Construction Work To Proceed In Some States But Not In Others

This update tracks COVID-19 shutdown orders as of April 16, 2020, 12:00 p.m. EDT that affect construction projects in Delaware, the District of Columbia, Florida, Illinois, Massachusetts, Minnesota, New Jersey, New York and...more

Coronavirus Shutdown Orders Allow Construction Work to Proceed in Some States but Not in Others

This update tracks COVID-19 shutdown orders as of April 2, 2020, 12:00 p.m. ET that affect construction projects in Delaware, the District of Columbia, Florida, Illinois, Massachusetts, Minnesota, New Jersey, New York and...more

Maryland’s Revised Stay-at-Home Order in Response to the COVID-19 Pandemic Brings Uncertainty to Commercial Construction

Maryland State Governor Larry Hogan issued a revised order yesterday (Order no. 20-03-30-01) whereby “[a]ll persons living in the State of Maryland are hereby ordered, effective as of 8:00 p.m. on March 30, 2020, to stay in...more

COVID-19 Shutdown Orders Largely Allow Construction Work To Proceed

This update tracks COVID-19 shutdown orders as of March 26, 2020, 12:00 p.m. EDT that affect construction projects in Delaware, the District of Columbia, Florida, Massachusetts, Minnesota, New Jersey, New York and...more

Saul Ewing Arnstein & Lehr’s 2020 Construction Risk Management Symposium: Three Key Takeaways

From environmental risks and shifting OSHA regulations to community engagement and emerging workplace issues involving medical marijuana use, the construction industry faces many challenges. ...more

Waivers of Subrogation Do Not Limit Third-Party Contribution Claims in Maryland

In a case of first impression, Maryland’s intermediate appellate court recently held that a subrogation waiver in an owner’s prime contractor contract does not bar a subcontractor claim for contribution against the prime...more

Three Key Takeaways From Saul Ewing Arnstein & Lehr’s Construction Risk Management Symposium 2019

From safety practices to cyber threats to labor and employment challenges, the risks faced by the construction industry are best managed by staying ahead of a rapidly changing environment....more

Statute of Repose: is Equipment Installed as Part of Building Renovations Considered a "Product" or "Construction?"

Resolution of the question is critical to the application of product liability statutes or construction law and their often differing statutes of limitation and repose. It was recently addressed in Puente v. Resources...more

Modest Industry Growth Anticipated for 2018

Recent reports reflect that modest but continued growth in the construction industry is anticipated for 2018, although President Trump’s renewed focus on infrastructure as an executive and legislative priority this year could...more

DC Circuit Renders Landmark Ruling Restricting CFPB’s Virtually Unfettered Power

In PHH v. CFPB (Oct. 11, 2016), the U.S. Court of Appeals for the D.C. Circuit held that the Consumer Financial Protection Bureau (“CFPB”) was unconstitutionally structured, and that the agency’s enforcement powers are...more

Contractors Beware – Maryland’s Economic Loss Doctrine is Alive and Well

Maryland recently reaffirmed application of the “economic loss doctrine” to damages sought in construction disputes in Balfour Beatty Infrastructure, Inc. v. Rummel Klepper & Kahl, LLP, No. 496, Sept. Term 2014, 2016 WL...more

Construction Law Advisory - December 2015

Use of Drones Increasing in Construction Industry - Affordable and easy-to-fly, small unmanned aircraft systems (sUAS), commonly referred to as “drones,” now are widely available for consumer purchase and use. Companies...more

Saul Ewing Top Ten Construction Clauses: Substantial Completion

Substantial completion is described in AIA Document A201™-2007 as “the stage in the progress of the Work when the Work or designated portion thereof is substantially complete in accordance with the Contract Documents so that...more

Top Ten Construction Clauses: Pay-if-Paid and Pay-when-Paid Clauses

Pay-if-paid clauses provide that a general contractor is not required to pay subcontractors unless and until it receives payment from the owner. The ConsensusDocs Standard Agreement 655 provides the following example: Receipt...more

Top Ten Construction Clauses: Change Orders and Change Directives

Construction contracts typically provide for changes in the scope of work through change orders, construction change directives and orders for minor changes. AIA Document A201-2007 and the ConsensusDocs Standard Agreement...more

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