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DCI Consulting

OFCCP Announces Pending Reviews for Construction Megaprojects

DCI Consulting on

The Office of Federal Contract Compliance Programs (OFCCP) has published a list of 12 major construction projects where the agency expects to conduct compliance reviews. This list comes on the heels of OFCCP’s launch of its...more

Alston & Bird

Land Use Matters March 2023 – CEQA Appellate Decisions & Other Legal Developments

Alston & Bird on

Los Angeles City Planning and Department of Building and Safety - COVID-19 Emergency Public Order on Tolling and Time Limits Rescinded - On March 21, 2020, then-Mayor Eric Garcetti issued a COVID-19 emergency public order to...more

Bradley Arant Boult Cummings LLP

How Final Is a Final Award? Turns Out, It Is Difficult to “Escapes!” a Final Arbitration Award in a Construction Conflict

How final is a final arbitration award? In Escapes! To the Shores Condominium Association, Inc., et al. v. Hoar Construction, LLC, and Architectural Surfaces, Inc., the plaintiff condo association argued that an arbitration...more

Bass, Berry & Sims PLC

First CHIPS Opportunity Lays Out Requirements and Application Process 

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On August 9, 2022, the CHIPS and Science Act was signed into law allocating $52.7 billion in funding to the semiconductor industry. The legislation represents a historic investment in a critical industry and is designed to...more

Saiber LLC

The Saiber Construction Law Colum: March 2023

Saiber LLC on

Enacted in 2004, the Contractors’ Registration Act (the “Act”) requires all contractors in New Jersey to register annually with the Division of Consumer Affairs (“DCA”) if they are “engaged in the business of making or...more

Tonkon Torp LLP

The Liquidated Damages Provision in Construction Contracts: Include or Leave Out?

Tonkon Torp LLP on

When representing owners on construction contracts, I often ask the owner whether they want to include a liquidated damages provision in the contract. A liquidated damages provision describes an amount of money, agreed upon...more

Baker Donelson

EPA Issues New Proposed PFA Drinking Water Regulations

Baker Donelson on

In a highly anticipated move, the Environmental Protection Agency (EPA) just announced proposed regulations under the Safe Drinking Water Act (SDWA) setting express limits on the amounts of Per- and Polyfluoroalkyl substances...more

Troutman Pepper

Virginia Bans Pay-If-Paid Clauses to Protect Construction Subcontractors

Troutman Pepper on

Virginia has joined the ranks of states that ban “pay-if-paid” clauses. Contingent payment clauses, like “pay-if-paid” and “pay-when-paid” clauses, protect contractors: A contractor need not pay its subcontractors or...more

Stark & Stark

Pre COVID-19 Construction Cost Estimates Are Likely Outdated

Stark & Stark on

In New Jersey (and virtually all other states), construction defect cases for common interest community associations are heavily reliant on expert witnesses. Even if a building system is obviously defective — in that windows...more

Bradley Arant Boult Cummings LLP

Arbitration or Court for Construction Disputes: The Pros and Cons

Many construction contracts used in the industry include clauses mandating that any disputes be decided by binding arbitration rather than a jury or bench trial. The standard AIA forms provide the parties with the option of...more

Jackson Lewis P.C.

OFCCP Announces Mega Construction Project Initiative; Focus on Construction Contractors Continues

Jackson Lewis P.C. on

OFCCP has launch its Mega Construction Project (Megaproject) Program, intended to increase compliance attention on and provide compliance assistance to federal construction contractors with federally funded projects valued at...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Construction/Stormwater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and North...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and White Oaks Storage LLC (“White Oaks”) entered into a March 3rd Consent Administrative Order (“CAO”) addressing alleged violations...more

Troutman Pepper

No Free Warranty: Connecticut Court Adopts Correction or Repair Test

Troutman Pepper on

In All Seasons Landscaping, Inc. v. Travelers Cas. & Sur. Co. of Am., a Connecticut court considered for the first time whether the performance of warranty work tolls the statute of limitations on payment bond claims. The...more

Bradley Arant Boult Cummings LLP

Can a Lien Enforcement Action Be Properly Removed to Federal Court in Alabama?

In Alabama, a lien claimant must file a lawsuit to enforce its mechanic’s lien within six months of the maturation of the entire indebtedness in the Alabama state circuit court in the county where the subject property is...more

Seyfarth Shaw LLP

What’s the Status of Buy American Requirements for Public Infrastructure Projects?

Seyfarth Shaw LLP on

More than a year has passed since Congress enacted the Build America, Buy America Act (“BABA”)—a sweeping change to domestic sourcing requirements for federally funded infrastructure projects. BABA, which was included as part...more

Dorsey & Whitney LLP

Arizona Supreme Court Decision Could Affect Lending Practices

Dorsey & Whitney LLP on

Construction lenders beware – a recent Arizona Supreme Court decision interpreting Exclusion 3(a) of standard-form title-insurance policies could mean lenders are not insured against a senior mechanics’ lien if the lender’s...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Pushes Employers to Make Drinking Water More Easily Available to Workers

On February 6, 2023, California’s Occupational Safety and Health Appeals Board (OSHAB) held that employers must provide their outdoor workers with drinking water at a location “as close as practicable,” effectively creating a...more

Fox Rothschild LLP

New Jersey Appellate Division Confirms Enforceability of Pay-if-Paid Provisions

Fox Rothschild LLP on

In a case of first impression, the New Jersey Appellate Division has finally formally recognized the enforceability of pay-if-paid clauses in New Jersey, so long as those clauses clearly and unambiguously establish a...more

Rumberger | Kirk

Win for Contractors on Start Time of Florida Construction Statute of Repose

Rumberger | Kirk on

Last October, Rumberger attorney Jason Bullinger and attorney Dan Webster at Daniel J. Webster, P.A. obtained a win for Florida contractors, engineers, and architects in Florida by persuading a Volusia County Circuit judge...more

Lathrop GPM

Virginia Federal Court Enforces Alleged “Scrivener’s Error” Extending Term

Lathrop GPM on

A federal court in Virginia recently enforced an alleged “scrivener’s error” that extended the term of a development agreement for one developer, while enforcing notice requirements to uphold a nonrenewal for another...more

Baker Donelson

House Bill Would Authorize Local Governments To Create An Infrastructure Fund

Baker Donelson on

House Bill 55, now pending in the Maryland General Assembly, would authorize a county or municipality to “establish a local trust fund or other appropriate fund for the purpose of repairing or rehabilitating infrastructure...more

Baker Donelson

Formal Notice of Default Necessary to Start Peremptive Period for Public Owner's Claims Against Performance Bond Surety

Baker Donelson on

Construction project participants sometimes disregard contractual formalities, particularly in the "heat" of a project dispute. However, consequences can and often do arise in those circumstances, and sometimes the parties do...more

Bricker & Eckler LLP

A contractor's right to cure will extinguish

Bricker & Eckler LLP on

In Deborah Pavlescak. v. Ohio Concrete Resurfacing, Inc., the parties executed an agreement for the resurfacing of the garage floor owned by Ms. Pavlescak with natural stone flooring. After Ohio Concrete Resurfacing, Inc....more

J.S. Held

Lead-Based Paint Regulations & How They Impact Your Project - Second Edition

J.S. Held on

Projects that involve damage or disturbance of painted or coated surfaces, as well as development or improvements of existing structures, may involve some level of lead impact regardless of the type, age, or location of the...more

Dentons

Build-only and Design-build construction: What’s the difference, and which is best for your project?

Dentons on

If your contract looks fatter than a paperback novel, there’s a good chance it will be for some kind of construction project – there can be a lot to cover. But before the details can be documented, there is a more...more

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Updated: Dec 28, 2021:

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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