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Compliance Construction Contracts

Compliance programs typically refer to formalized institutional procedures within corporations and organizations to detect, prevent and respond to indvidual and widespread instances of regulatory violations. ... more +
Compliance programs typically refer to formalized institutional procedures within corporations and organizations to detect, prevent and respond to indvidual and widespread instances of regulatory violations.  In response to many corporate scandals evidencing rampant unethical business practices, many nations, including the United States, began passing strict regulatory frameworks aimed at curbing these abuses. Notable pieces of legislation in this area include the U.S. Foreign Corrupt Practices Act (FCPA), Sarbanes-Oxley (SOX), and the U.K. Bribery Act, to name a few. The foregoing statutes and the severe penalties often associated with them form the basis of many modern institutional compliance programs. less -
Davis Wright Tremaine LLP

Court of Appeals of Washington Applies Strict Adherence to Notice of Claim Provisions in a Private Construction Contract

An unpublished opinion previously issued by the Washington Court of Appeals, Cascade Civil Construction, LLC v. Jackson Dean Construction, Inc., reinforces strict compliance with notice of claim provisions in construction...more

Smith Debnam Narron Drake Saintsing & Myers,...

Decoding the Statute of Frauds and Its Impact in North Carolina

This article provides a brief overview of the statute of frauds, what types of contracts it applies to, the requirements for compliance with the statute, exceptions to the statute, and the consequences for non-compliance....more

Bressler, Amery & Ross, P.C.

New Jersey's Prompt Payment Act

In 2006, New Jersey enacted the “Prompt Payment Act,” codified at N.J.S.A. § 2A:30A-1, et seq. (the “Act” or “PPA”). The Act requires the prompt payment of contractors, subcontractors, sub-subcontractors, and material...more

Snell & Wilmer

A Recent Washington Supreme Court Decision Underscores the Significance of Safety Protocol Provisions in Construction Contracts

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Under Washington common law, property owners owe a duty of reasonable care to “invitees” (essentially, persons invited onto the land by the owner), which requires owners to inspect for dangerous conditions and to make such...more

Jenner & Block

Government Contracts Legal Round-Up | 2023 Issue 22

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Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

Snell & Wilmer

A Contract Check Up for the Construction Industry

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We began the year discussing an insurance checkup for those working in the construction industry. Now, we are following up with a discussion of issues for a contract checkup, specifically for your ongoing long-term projects....more

Smith Gambrell Russell

The New ‘Buy Clean Concrete’ Guidelines Applicable to State of New York Agency Construction Contracts

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The New York State Office of General Services has issued the long-awaited New York State Buy Clean Concrete guidelines applicable to certain State of New York (“NYS”) construction projects. The guidelines “establish the...more

Davis Wright Tremaine LLP

Washington Supreme Court Finds a One-Year Contractual Limitations Period to Be Substantively Unconscionable

A recent 5-4 decision issued by the Supreme Court of Washington, Tadych v. Noble Ridge Construction, Inc., reflects the importance of carefully crafting claim limitation language in residential development and construction...more

K2 Integrity

Construction Safety: How Robust Compliance Programs Can Ensure Worker Safety

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With construction less impacted by the COVID-19 pandemic, and with a large number of projects in progress across the country, the industry is seeing a rebound in construction activity. This increase in activity, however,...more

Jackson Lewis P.C.

OFCCP Announces Construction Contract Award Portal

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OFCCP announced today it will launch the Notification of Construction Contract Award Portal (NCAP) on August 26, 2022. While the NCAP is not yet live, OFCCP has launched an NCAP informational page with background...more

PilieroMazza PLLC

Construction Webinar Series: Construction Contractors: Considerations in Subcontracting Plans and OFCCP Compliance

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A fundamental goal of federal contracting is to provide greater market access to socially and economically disadvantaged individuals through performance on government contracts. Construction contractors have an important role...more

PilieroMazza PLLC

[Webinar] Construction Series: Construction Contractors: Considerations in Subcontracting Plans and OFCCP Compliance - January...

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A fundamental goal of federal contracting is to provide greater market access to socially and economically disadvantaged individuals through performance on government contracts. Construction contractors have an important role...more

PilieroMazza PLLC

Construction Webinar Series: Building Compliance: Construction Industry Concerns Under FCA

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The Department of Justice settled and obtained judgments in excess of $2.2 billion for false claims against the government last year. And the False Claims Act (FCA) remains an effective enforcement tool about which federal...more

Sheppard Mullin Richter & Hampton LLP

Does Your Contract Work Abroad Require A Combatting Trafficking In Persons Compliance Plan? Now Is A Good Time To Check

The U.S. Government Accountability Office (“GAO”) recently released a new report finding that Army and Navy contracting officials were unaware of their oversight responsibilities regarding combating trafficking in persons....more

PilieroMazza PLLC

[Webinar] Construction Series: Building Compliance: Construction Industry Concerns Under FCA - November 9th, 2:00 pm - 3:00 pm ET

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The Department of Justice settled and obtained judgments in excess of $2.2 billion for false claims against the government last year. And the False Claims Act (FCA) remains an effective enforcement tool about which federal...more

Snell & Wilmer

Big Projects Are Big Opportunities: But Don’t Ignore Arizona Law

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In the last several months, numerous companies have announced hefty investments in substantial construction projects in Arizona. While the investments are good news for contractors already operating in Arizona, they also...more

BCLP

Construction 2020: United Kingdom

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Foreign pursuit of the local market - If a foreign designer or contractor wanted to set up an operation to pursue the local market, what are the key concerns they should consider before taking such a step? Originally...more

Dechert LLP

Recent Developments Confirm the Obrador Administration Will Fulfill Its Campaign Promise to Battle Corruption in Mexico

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Corruption and bribery have run rampant throughout Mexico for years. However, recent developments and policy changes of the new administration indicate that the days of doing business through bribery and graft are over....more

Morrison & Foerster LLP - Government...

Significant Government Contract Litigation: A Year in Review

Last year provided a number of important claims and cases that further developed various aspects of litigation regarding the Contract Disputes Act (CDA). The major issues raised in some of the more notable claims include...more

Dorsey & Whitney LLP

CEO of World Trade Center contractor found guilty of fraud by misstating compliance with Port Authority’s minority- and...

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Public entities at the Federal, state, and local levels set aside contracting opportunities, provide preferential price treatment, or otherwise grant favorable treatment to contractors (1) owned by veterans, women,...more

Fenwick & West LLP

Securities Litigation and Enforcement Newsletter

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A CD or not a CD, That is the Question… That the Auditors Should Have Answered - A headline-grabbing SEC enforcement action last week against BDO USA and several of its national partners may lead audit firms to insist on...more

Thomas Fox - Compliance Evangelist

The Fifth Letter and Expansion of the Brazilian Corruption Scandal into the Private Sector

I recently received a review copy of the book The Fifth Letter by fellow University of Michigan grad Vivian L. Carpenter. It is a rollicking good read which touches on areas of constitutional law, inalienable rights in the...more

Proskauer - Corporate Defense and Disputes

Louis Berger International Pays $17 Million Penalty for FCPA Violation

On July 17, 2015, Louis Berger International, Inc., a New Jersey-based construction management company, entered into a deferred prosecution agreement (DPA) with the Department of Justice under which it agreed to pay a $17.1...more

PilieroMazza PLLC

Subcontracting Plans: How Implementing Best Practices Now Can Save You Headaches Down the Road

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As a federal contractor, there are already many areas where you must track your compliance with the rules and regulations carefully. One area increasingly receiving greater scrutiny from the government is prime contractors’...more

Cohen Seglias Pallas Greenhall & Furman PC

Shafer Electric & Construction v. Mantia: PA Supreme Court holds that noncompliance with the Home Improvement Consumer Protection...

Pennsylvania’s Home Improvement Consumer Protection Act (“HICPA”), which went into effect in 2009, generally requires that home improvement contracts be in writing and contain thirteen specific items (including the...more

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