Within hours of taking office, President Trump executed two executive orders aimed at rescinding former President Biden’s Diversity, Equity, and Inclusion (DEI)-focused orders. Trump’s orders reached beyond actions by the...more
The plaintiffs and the federal government seek a 90-day stay in Mid-America Milling Company v. United States Department of Transportation, Case No. 3:23-cv-00072, “to permit [the federal government] the opportunity to...more
Last week, six organizations who represent Disadvantaged Business Enterprises moved to intervene in Mid-America Milling Company, LLC, et al. v. United States Department of Transportation, Case No. 3:23-cv-0072-GFVT-EBA. In...more
On January 21, 2025, the Court of Federal Claims issued an order that, in effect, invalidates President Joe Biden’s February 4, 2022 Executive Order (14063) and 48 C.F.R. Subpart 22.5, Use of Project Labor Agreements for...more
1/22/2025
/ Administrative Procedure Act ,
Bid Protests ,
Biden Administration ,
CICA ,
Competition ,
Construction Industry ,
Contract Terms ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Project Labor Agreements ,
State and Local Government
On December 18, 2024, Oregon Governor Tina Kotek issued Executive Order No. 24-31 (the “PLA Executive Order”). Under the order, Governor Kotek directed state agencies to require Project Labor Agreements (“PLAs”) for nearly...more
On December 19, 2024, Oregon Governor Tina Kotek publicly announced Executive Order No. 24-31 (“PLA Executive Order”), requiring Project Labor Agreements (PLAs) on nearly all state construction projects in Oregon. Here’s a...more
As we have previously discussed, a case filed in the Federal District Court for the Eastern District of Kentucky, Mid-America Milling Company, LLC, et. al. v. U.S. Department of Transportation, et. al., Case No. 3:23-cv-72,...more
In March 2024, Governor Inslee signed SSB 6192 into law. This amended RCW 39.04.360 to require timely execution of change orders on both public and private construction projects. The amended language, which went into effect...more
6/24/2024
/ Amended Legislation ,
Change Orders ,
Construction Industry ,
Construction Project ,
Contractors ,
Governor Inslee ,
Municipalities ,
New Legislation ,
Public Projects ,
State and Local Government ,
Washington
On April 9, 2024, the U.S. Department of Transportation published its Final Rule to the Disadvantaged Business Enterprise (DBE) and Airport Concession DBE (ACDBE) programs. The Final Rule is the most significant overhaul to...more
January 12, 2024 Shareholder Shareholder Shareholder On January 10, 2024, Associated General Contractors of America and the Louisiana Associated General Contractors filed suit to enjoin President Biden’s Executive Order 14063...more
1/15/2024
/ Biden Administration ,
Collective Bargaining Agreements (CBA) ,
Commercial Litigation ,
Construction Industry ,
Construction Project ,
Construction Workers ,
Contractors ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
Motion To Enjoin ,
Procurement Guidelines ,
Project Labor Agreements ,
Regulatory Mandates ,
Subcontractors
In August, the United States Department of Labor issued the most comprehensive updates to the Davis-Bacon and Related Acts in more than 40 years. The final rule went into effect on Oct. 23. Originally enacted in 1931,...more
Portland’s proximity to Vancouver, Washington, creates opportunities as well as challenges for contractors.
Panelists discussed those during a virtual Builder Breakfast event hosted by the Daily Journal of Commerce on...more
During last night’s State of the Union address, President Joe Biden announced his administration is going to expand the Buy American Act to include “all construction materials used in federal infrastructure projects to be...more
On November 4, 2021, the Occupational Safety and Health Authority (“OSHA”) issued the 490-page Emergency Temporary Standard for COVID-19 Vaccinations and Testing (“ETS”), which is to be effective as of November 5, 2021. The...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
This evening we received clarification from Washington Governor Jay Inslee’s office that provides: “In general, commercial and residential construction is not authorized under the Proclamation [Stay Home, Stay Healthy...more
The COVID-19 pandemic has caused more than just health concerns for our community—it has also created significant economic concerns. Jobsites are shutting down across the country and contractors are afraid that project...more
The Supreme Court of the State of Washington issued its opinion in Nova Contracting Inc. v. City of Olympia, Docket No. 94711-2 on September 27, 2018, which hammers home the need for contractors to review the notice...more
This summer, the Washington Supreme Court ended a long dispute within the construction industry and issued an opinion finding that a performance bond is, in essence, an insurance contract. The court made clear that a public...more