News & Analysis as of

Construction Contracts Prevailing Wages

Smith Anderson

Major Changes Now in Effect to Davis-Bacon and Related Acts

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For the first time in almost 40 years, the U.S. Department of Labor (“DOL”) has finalized comprehensive changes to regulations covering the Davis-Bacon Act (“DBA”) and 70 “DBA Related Acts,” federal wage regulations that...more

Seyfarth Shaw LLP

Construction Industry Groups Challenge DOL’s New DBRA Regulations

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Less than a month after taking effect, the Department of Labor’s (“DOL”) broad changes to the regulations implementing Davis-Bacon and Related Acts (“DBRA”) are facing legal challenges in two federal courts. These newly-filed...more

Amundsen Davis LLC

Tax Incentives for Green Energy Projects Come With a Lot of Strings Attached

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On August 29, 2023, Clock on Grassthe U.S. Department of the Treasury and the Internal Revenue Service (IRS) released more guidance and proposed rules on key provisions in the Inflation Reduction Act (IRA) that requires...more

PilieroMazza PLLC

[Webinar] Overhaul of Davis-Bacon Act Increases Wage Requirements and Enforcement for Federal Construction Contractors - September...

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DOL’s significant overhaul to the Davis-Bacon Act and the Davis-Bacon Related Acts will increase prevailing wage and fringe benefit requirements—as well as enforcement—for contractors working on government construction...more

Fox Rothschild LLP

Biden Administration to Overhaul Prevailing Wage Determinations for Federally-Funded Construction Projects

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The Biden Administration announced on August 8, 2023, the issuance of a final rule from the Department of Labor (DOL), Wage and Hour Division, that overhauls the prevailing wage pay requirements for construction workers...more

Procopio, Cory, Hargreaves & Savitch LLP

[Webinar] Annual Construction Law Forum - November 10th, 10:00 am - 3:00 pm PDT

You are invited to join Procopio’s Construction & Infrastructure Law attorneys and guest industry speakers on Thursday, November 10, 2022, for an informative half-day webinar focused on the most pressing California...more

Bradley Arant Boult Cummings LLP

New Is Old Again: DOL Seeks Return to Past Rule for Federal Contractor Minimum Wage Calculations

The Department of Labor (DOL) recently proposed new federal regulations regarding how minimum wages will be calculated for federal construction projects. DOL’s new proposal will add to the cost of performing these projects....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

Davis Wright Tremaine LLP

Federal Contractors: Avoid Getting Shortchanged on Prevailing Wages

The Davis-Bacon Act and the FAR - The Davis-Bacon Act, 40 U.S.C. §§ 3131-3148, (the Act) is a fact of life in federal government construction contracting. The Act, passed in 1931, establishes the requirement of paying the...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

Husch Blackwell LLP

The Biden Infrastructure Plan And The Davis Bacon Act

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It’s coming. From all outward signs, it appears that the Biden Administration may be planning to use the “American Jobs Plan” – otherwise known as the proposed infrastructure plan – to expand the Davis Bacon Act (“DBA”) and...more

Amundsen Davis LLC

Construction Contractors Beware: Think Twice Before Paying Prevailing Wage Assessments!

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Big Labor continues to use local, state and federal prevailing wage laws to target contractors they have a “beef” with. Since most prevailing wage audits are triggered by a complaint (including 3rd party complaints), trade...more

Roetzel & Andress

DOL’s Wage And Hour Division Gearing Up To Focus On Contractor Wage Standards

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In response to President Biden’s soon to be rolled out infrastructure and jobs package, which is set to increase federally funded construction and service projects developed by private companies, the DOL’s Wage and Hour...more

Fox Rothschild LLP

New Jersey Business Association Challenges Union Boondoggle Requirement Of Mandatory Apprenticeship Program For Construction...

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I do a great deal of prevailing wage defense on behalf of employers, both on a federal level (i.e. Davis-Bacon Act) and the State of New Jersey prevailing wage statute. It sometimes seems that trade unions are able to...more

Troutman Pepper

New York Appellate Division Holds That Contractor’s Assertion That No Payments Were Due to Subcontractor Until a Separate...

Troutman Pepper on

AWI Sec. & Investigations, Inc. v. Whitestone Constr. Corp., 2018 N.Y. App. Div. LEXIS 5867 (August 23, 2018) - A subcontractor, AWI Security and Investigations, Inc. (“AWI”), sued a general contractor, Whitestone...more

Dickinson Wright

Michigan Repeals Prevailing Wage Act

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On June 6, 2018, the Michigan Legislature repealed the state’s Prevailing Wage Act through the Michigan Repeal Prevailing Wages and Fringe Benefits on State Projects Initiative (the “Initiative”). Michigan’s Prevailing Wage...more

Snell & Wilmer

Under Construction - December 2017

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Letter from the Editor - Welcome to the final 2017 edition of our Under Construction newsletter. It is hard to believe that 2018 is right around the corner! In this issue, we highlight several topics affecting the...more

Burr & Forman

Who Assumes the Risk of Material Cost Increases? As Always, It Depends!

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When a client asks me about a particular contract provision and why it is “unfair” or “uneven”, we began a discussion about risk allocation. You see, the contract is used to shift the various risks on the project to the party...more

Pillsbury Winthrop Shaw Pittman LLP

New Legislation Threatens to Further Erode Market Share of Non-Trade Union Contractors in California

In January 2016, two new laws go into effect that will change the face of various public and private construction projects in California. These new rules represent the latest in an ongoing effort by the State Building and...more

Baker Donelson

Reminder - Maryland's Prevailing Wage Law for Elementary and Secondary School Construction Projects is in Effect

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Maryland's new prevailing wage law for elementary and secondary school construction projects (HB 727/SB 232 from the 2014 General Assembly session) is in effect. This law requires all such construction projects costing more...more

Robinson & Cole LLP

2014 Connecticut Legislative Summary - September 2014

Robinson & Cole LLP on

The 2014 regular session of the Connecticut General Assembly closed with only a few new laws on the books that will affect the design and construction industry. The summaries below highlight the most significant of these....more

Baker Donelson

2014 Maryland General Assembly Passes Bills Affecting Construction Industry

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A number of bills were passed during the Maryland General Assembly’s 2014 legislative session that will impact certain sectors of the construction industry. Ober|Kaler has put together brief summaries of certain key bills. ...more

Foley & Lardner LLP

Changes to California Prevailing Wage Law: Implications for Solar Projects

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Recent changes to California’s prevailing wage laws highlight the importance of complying with them. Prevailing wage laws are aimed at ensuring that a contractor’s ability to win a public works contract is not based on paying...more

Sheppard Mullin Richter & Hampton LLP

New California Statutes Potentially Increase Owners’ and Developers’ Exposure Under the Prevailing Wage Law

California has enacted several statutes, effective January 1, 2014, which will likely increase the exposure of contractors and subcontractors, and the developers and owners for whom they work, to claims for prevailing wage...more

Proskauer - Government Contractor Compliance...

Second Circuit Reaffirms Preemptive Scope Of The Davis-Bacon Act

Last week the Second Circuit issued an opinion reaffirming that the Davis-Bacon Act preempts state law claims by workers to enforce prevailing wage rates as third-party beneficiaries to a contract....more

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