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Gray Reed

Disrupted Operations – Owners Beware!

Gray Reed on

Industrial construction is poised for continued growth in 2025, especially with incoming presidential administration and its anticipated emphasis on domestic economic production. Nowhere will this growth be seen more than in...more

Schwabe, Williamson & Wyatt PC

Federal Court Invalidates President Biden’s Mandatory PLA Requirements on Federal ‎Projects Over $35 Million

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

Shutts & Bowen LLP

Recent Florida Court Decision Provides Important Lesson on Construction Defect Damages

Shutts & Bowen LLP on

The recent Florida appellate case of Bandklayder Development, LLC v. Sabga provides an important lesson regarding damages for construction defects – that damages for construction defects must be proven based on costs of...more

Seyfarth Shaw LLP

Another Year in The Books – OSHA’s Top Ten Safety Violations for Fiscal Year 2024

Seyfarth Shaw LLP on

OSHA enforces almost 1,000 standards and tens of thousands of individual regulations related to General Industry, Construction, Maritime, and other industries. Once again, OSHA released its preliminary data for the top ten...more

Womble Bond Dickinson

Litigation or Arbitration: Which is Better for Adjudicating Contract Disputes?

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Ask anyone with experience on construction projects, particularly large, complex “mega-projects,” and they will tell you that disputes are an expected part of doing business. It is rare that these projects come in on schedule...more

Cohen Seglias Pallas Greenhall & Furman PC

Court Rules that PLAs Violate the Competition in Contracting Act

Project Labor Agreements (PLAs) have been controversial in the construction industry. On January 21, 2025, the United States Court of Federal Claims issued a ruling in MVL USA, Inc. et al. v. The United States that found that...more

Jackson Lewis P.C.

Reviving Reporting: OFCCP Reinstates Monthly Employment Data Reporting for Construction Companies

Jackson Lewis P.C. on

The Office of Federal Contract Compliance Programs (OFCCP) announced on Nov. 25, 2024, that it is reinstating a monthly employment data reporting requirement for construction contractors beginning April 15, 2025....more

Adams and Reese LLP

"There's SNOW Place Like ... Florida?" - How a New Florida Law Impacts Roofing Contractors During A Winter Weather State of...

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On January 20, 2025, Florida Gov. Ron DeSantis issued Executive Order EO 25-13 declaring a statewide emergency regarding the inbound winter weather system, moving across the newly designated Gulf of America, which is expected...more

Davis Wright Tremaine LLP

Uncharted Territory: Are Geotechnical Inspectors Liable to Non-Contracting Parties – Including Property Owners?

Historically in California, professional negligence cases were limited to parties who had contracted with each other. The theory was that if a professional didn't have a contract with the plaintiff, then the professional did...more

Warner Norcross + Judd

Contractors Beware: Licensure Foot-faults Could Make Your Construction Contract Unenforceable

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Under the Michigan Occupational Code, residential building, maintenance and alteration contractors must be licensed to perform certain types of work. The Michigan Supreme Court held in Stokes v. Millen Roofing, 649 N.W.2d 371...more

BCLP

FIDIC Contracts - Conference, Carbon Clauses and Collaborative Contracting

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In this Insight, first published in PLC, Natalie Wardle reflects on the FIDIC International Contract Users' Conference 2024 held in London in December and the new contracts and standard clauses that FIDIC is currently working...more

ArentFox Schiff

Key Considerations for the Construction Industry in 2025 Under President-Elect Trump

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As President-elect Trump prepares to take office on January 20, the construction industry must anticipate shifts in trade policy, particularly concerning tariffs. These changes are expected to have significant implications...more

Adams and Reese LLP

Cross Your T’s and Dot Your I’s When Moving for or Opposing a Summary Judgment

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Louisiana Code of Civil Procedure Article 966 sets forth the rules governing summary judgment proceedings in state court. The provisions in Article 966 are highly technical and courts require strict compliance with them...more

Schwabe, Williamson & Wyatt PC

Kotek Provides Additional Guidance on Executive Order Mandating PLAs

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

Littler

Cal/OSHA Approves Final Respirable Crystalline Silica Regulation, While Other Potential Limits on Engineered Stone Remain Under...

Littler on

On December 19, 2024, the Cal/OSHA Standards Board unanimously approved a proposal to make permanent amendments to its regulation regarding occupational exposures to respirable crystalline silica (RCS) in the general industry...more

Holland & Knight LLP

Will President Trump Be a Champion of Construction and Infrastructure in Second Term?

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President-Elect Donald Trump's career in construction and development has made many believe that he will be a champion for the construction and infrastructure sectors in his second term. While we don't know the future, we can...more

Blake, Cassels & Graydon LLP

Progressive Design-Build Model and Co-Development Agreements in Canada: Five Key Considerations

Whether public or private, large infrastructure projects involve complex risk and resource management. Project owners must first identify, describe and mitigate design, construction, financing and operational risks, and then...more

Stoel Rives LLP

Addressing Tariffs in a Construction Contract: A Lawyer’s Perspective

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In 2024, many real estate developers pressed pause on new projects. Interest rates for multifamily loans were too high and the office market was still recovering from “work from home,” at least in the Pacific Northwest (where...more

Meyers Nave

Los Angeles Mayor Karen Bass Issues Executive Order to Expedite Home Rebuilding After Devastating Fires - Meyers

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Following Governor Newsom’s recent Executive Order to assist those affected by the devastating wildfires in Los Angeles County, on Monday, LA Mayor Karen Bass issued her own emergency Executive Order designed to expedite the...more

Bradley Arant Boult Cummings LLP

Practical Considerations for Navigating Tariff Risk on Construction Projects

As the second Trump administration begins next week, developers, contractors, subcontractors and suppliers are evaluating the extent of the construction industry’s international ties – and contractual exposure to potential...more

Husch Blackwell LLP

MSHA/OSHA Civil Penalty Amounts Increase for 2025

Husch Blackwell LLP on

On January 10, 2025, the Department of Labor’s annual penalty adjustments were published in the Federal Register. The 2025 increases are approximately 2.6%.  The chart below applies to any penalties assessed after January 15,...more

Davis Wright Tremaine LLP

From Confusion to Clarity: A Guide to Handling Concurrent Delays in Construction Projects

Over the years, general contractors and commercial developers have debated their rights during a concurrent delay. When a concurrent delay happens, the question arises: should the general contractor receive a) an extension of...more

Frantz Ward LLP

Offset, Setoff, and State Trends in Withholding Clauses

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States have been slowly clawing back at a higher-tier’s ability to withhold payments owed to its lower-tier subcontractors, aiming to protect subcontractors from undue financial hardship and ensure that payment disputes are...more

BCLP

JCT 2024 Contracts - Good Faith in Practice

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Not everyone will be familiar with the 1994 Latham Report that advocated the use of good faith, but the government’s Construction Playbook and the equivalent private sector Trust and Productivity report are more recent...more

McDermott Will & Emery

Four Factors to Consider After the Building Electromobility Infrastructure Act (GEIG) Comes into Effect

McDermott Will & Emery on

As of January 1, 2025, the Building Electromobility Infrastructure Act (GEIG) has come into effect, bringing significant changes for property owners. Dr. Ulrich Flege summarizes the key points of the law below: Obligation...more

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