EEOC Increases Scrutiny on Discrimination and Harassment in the Construction Industry as Federal Infrastructure Dollars Start Flowing -
The Equal Employment Opportunity Commission (“EEOC”) plans to prioritize its efforts to...more
3/1/2023
/ Biden Administration ,
Building Standards ,
Business Entities ,
Buy America ,
Construction Industry ,
Construction Project ,
Coronavirus/COVID-19 ,
Discrimination ,
Diversity ,
Employer Liability Issues ,
Enforcement ,
Environmental Protection Agency (EPA) ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Infrastructure ,
Infrastructure Financing ,
Infrastructure Investment and Jobs Act (IIJA) ,
Joint Venture ,
Minority-Owned Businesses ,
OMB ,
OSHA ,
Price Inflation ,
Proposed Rules ,
Regulatory Agenda ,
Section 8(a) ,
Small Business ,
Strategic Enforcement Plan ,
Supply Chain ,
Workplace Safety
Contech Trends to Watch in the New Year -
“As builders adapt to economic, supply chain and labor challenges, they’re turning to technology to boost performance.”
Why this is important: All of the turmoil of 2022 (the...more
1/27/2023
/ Building Codes ,
Business Strategies ,
Carbon Emissions ,
Climate Change ,
Construction Industry ,
Contractors ,
Cybersecurity ,
Drones ,
Employees ,
Employer Liability Issues ,
Infrastructure ,
Infrastructure Financing ,
Infrastructure Investment and Jobs Act (IIJA) ,
Popular ,
Prevailing Wages ,
Software ,
State and Local Government ,
Subcontractors ,
Technology ,
Wage and Hour ,
Workplace Safety
Welcome to the 12th and final issue of the year for The Site Report.
Top Three Construction Disputes and How to Avoid Them -
Construction professionals sometimes feel as if it is déjà vu when it comes to disputes—and they...more
1/3/2023
/ 3-D Technology ,
3D Printing ,
Collective Bargaining ,
Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Construction Project ,
Contractors ,
Drones ,
Drug Testing ,
Employer Liability Issues ,
Employment Discrimination ,
Federal Contractors ,
Infrastructure ,
Inspections ,
Marijuana ,
Medical Marijuana ,
Popular ,
Subcontractors ,
Technology ,
Unions ,
Unmanned Aircraft Systems ,
Workplace Safety
In this edition, our team weighs in on a wide variety of issues relevant to the construction industry, ranging from OSHA’s increased focus on elevated work safety and anti-bias clauses in construction contracts to protecting...more
New and Revised AAA Rules that May Affect Your Construction Contracts -
Does your contract contain a dispute resolution section that refers to the American Arbitration Association (“AAA”) rules, mediation and/or...more
Does your contract contain a dispute resolution section that refers to the American Arbitration Association (“AAA”) rules, mediation and/or arbitration proceedings? If so, then you need to be aware of some changes that took...more
Biden-Harris Administration Announces New Buy Clean Actions to Ensure American Manufacturing Leads in the 21st Century -
"The Initiative ensures that federal financing and purchasing power are creating good-paying jobs,...more
JCG & Assocs., LLC v. Disaster Am. USA, LLC -
"North Carolina general contractor licensing issue highlights unique claims."
Why this is important: North Carolina has been cracking down on general contractor licensing,...more
The Pain of Inflation: Construction Companies Feel the Pinch as Prices Rise -
"A recent report from the Associated General Contractors of America states that, from April 2021 through the first quarter of 2022, the price...more
Bridges, Natural Disasters and Liability - The Skanska Decision (Part 2) -
In the last edition of The Site Report, we discussed the legal issues surrounding the damage caused by Skanska's construction barges to the new...more
7/5/2022
/ Commercial General Liability Policies ,
Construction Contracts ,
Construction Defects ,
Construction Disputes ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Defense Strategies ,
General Contractors ,
Solar Energy ,
Subcontractors ,
Surety Bonds
Bridges, Natural Disasters and Liability - The Skanska Decision (Part 1) -
What follows is a cautionary tale for anyone involved who fails to follow a natural disaster preparedness plan. Taking short cuts and failing to...more
5/24/2022
/ 3D Printing ,
Bridges ,
Climate Change ,
Construction Industry ,
Infrastructure ,
Infrastructure Investment and Jobs Act (IIJA) ,
Natural Disasters ,
Public Projects ,
Severe Weather ,
Sustainability ,
Transportation Industry
Lessons in Arbitration Construction Dispute -
In December 2021, Alex Turner, Jeff Patton, and Lee Denton in Spilman's Winston-Salem office arbitrated a construction dispute in Norfolk, Virginia on behalf of Sure Lift,...more
Change in “Pay When Paid” Provisions for VA Public Contracts
"An Act to amend and reenact §§ 2.2-4354 and 11-4.6 of the Code of Virginia, relating to contracts; payment clauses to be included; right to payment of...more
3/29/2022
/ Carbon Emissions ,
Climate Change ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Coronavirus/COVID-19 ,
Department of Transportation (DOT) ,
Governor Wolf ,
Infrastructure ,
Infrastructure Investment and Jobs Act (IIJA) ,
State Contractors ,
Subcontractors ,
Supply Chain
What Does Biden's Union Mandate Mean for Construction Projects?
"President Biden signed an executive order that would require large projects funded by the infrastructure law to use project labor agreements — pre-contract...more
3/1/2022
/ 3D Printing ,
Arbitration ,
Biden Administration ,
Construction Industry ,
Construction Project ,
Design-Build ,
Employer Mandates ,
General Contractors ,
Housing Developers ,
Mentor-Protege Program ,
Project Labor Agreements ,
Public Projects ,
Subcontractors ,
Unions
How Climate Change is Changing the Game for Concrete -
"A new American Concrete Institute committee is assessing the affect of global climate change on sustainability of concrete structures, as more-severe salt-water...more
2/1/2022
/ Background Checks ,
Climate Change ,
Construction Disputes ,
Construction Industry ,
Construction Project ,
Criminal Background Checks ,
Department of Transportation (DOT) ,
Drones ,
Environmental Policies ,
FDIC ,
Infrastructure ,
Unmanned Aircraft Systems
Welcome to our third volume of Unprecedented. While we would like to retire this publication because COVID-19 has been eradicated and all litigation has withered away, we all know that is not the case. If anything, COVID-19...more
1/10/2022
/ Amazon ,
Biometric Information ,
Biometric Information Privacy Act ,
Business Interruption ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Gross Negligence ,
NHL ,
Tyson Foods ,
Whistleblowers ,
Workplace Safety
5 Ways to Protect Yourself When Taking Over Someone Else's Project -
"Many of the risks center around one thing: fixing the previous contractor's mistakes."
Why this is important: Stepping into an existing project is a...more
As we all know, the COVID-19 pandemic has caused us all to focus in different in directions. That has been the case here at Spilman as well. But as we wind down 2021, we wanted to reach back out to our clients and friends...more
Court Rejects Parler’s Demand that Amazon Host Its Services -
"Parler claimed (1) antitrust violations, (2) breach of contract, and (3) tortious interference."
Why this is important: Parler has tested the old adage...more
Welcome!
If we have learned anything, 2020 has been an unexpected year. The pandemic has impacted the construction industry -- as it has with all industries -- over the past several months. Another thing that we know is...more
Much of the information about business interruption insurance and how it might apply to COVID-19-related losses focuses on legal arguments instead of practical realities facing decision makers. This webinar provides pragmatic...more
Former Pennsylvania Governor Tom Corbett led this panel to discuss the most current information available regarding COVID-19 restrictions in Pennsylvania, what may be next on the horizon, how to respond if you are the target...more
4/2/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
DCED ,
Enforcement Actions ,
Executive Orders ,
Force Majeure Clause ,
Price Gouging ,
Shelter-In-Place ,
Standard Contractual Clauses ,
State Agencies ,
State Budgets ,
Unemployment Compensation System
According to the Pennsylvania Department of Community and Economic Development ("DCED"), Pennsylvania businesses have until 5 p.m. on Friday, April 3, 2020 to seek an exemption to Governor Wolf's order requiring "non-life...more
Restrictions related to COVID-19 have created immediate impacts for businesses of all sizes. Regardless if your industry has been directly affected by government mandates to work from home or restrict travel, it seems that no...more
Pennsylvania law suggests construction defects generally are not considered an "occurrence" under most CGL insurance policies because defects are not true accidents, e.g., a fortuitous event. However, an exception generally...more
5/14/2019
/ Arbitration ,
Assignments ,
Bad Faith ,
Breach of Contract ,
Commercial General Liability Policies ,
Construction Defects ,
Construction Industry ,
Construction Litigation ,
Denial of Insurance Coverage ,
Duty to Defend ,
Exceptions ,
Indemnity Claim ,
Occurrence ,
Product Defects ,
Property Damage ,
Subcontractors