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Construction Industry Public Projects

Otten Johnson Robinson Neff + Ragonetti PC

Navigating High-Density Development Under HB24-1313: The Transit‑Oriented Development Act

On May 13, 2024, Governor Jared Polis signed House Bill 24-1313 (HB24-1313) into law. This act incentivizes transit-oriented development (TOD) by providing $35 million in grants to transit-oriented communities (TOCs) to help...more

Schwabe, Williamson & Wyatt PC

Washington Expands Change Order Protections to Private Projects

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

Miller Starr Regalia

Hilltop Group, Inc. v, County of San Diego: Throwing a Judicial Monkey Wrench into the Spin Cycle of Local Agency CEQA Laundering?

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The California Environmental Quality Act (CEQA) has long required a full analysis of project's potential adverse effects on the environment. The environmental impact report (EIR)-known as the "heart of CEQA"-is intended to...more

Fox Rothschild LLP

More Projects Added to OFCCP’s Mega Construction Project Program

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The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced on April 25, 2024 its designation of 16 additional federal construction projects to participate in the Mega Construction Project...more

Bricker Graydon LLP

[Hybrid Event] 16th Annual Construction Procurement for Public Entities in Ohio - May 9th, Dublin, OH

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This full-day seminar, specifically designed for Ohio public owners, covers the project delivery methods available for public construction projects, as well as requirements and best practices for administering procurement...more

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

Bricker Graydon LLP

Key Changes to Ohio Construction Law for Certain Public Entities Beginning October 3, 2023 - Update

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Effective October 3, 2023, the threshold amount for rejecting bids when they exceed the original construction estimate will increase for certain Ohio public entities. Previously, Ohio Revised Code (ORC)153.12 specified that...more

Bilzin Sumberg

Overview of Handback Provisions in P3 Agreements: Lessons Learned from UK Projects

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Public-Private Partnerships (P3s) are an increasingly common method of delivering public infrastructure. When structured properly, P3s allow governments to leverage private-sector expertise and resources to deliver essential...more

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

OFCCP Jump-Starts the 2024 Fiscal Year With New List of Mega Construction Designees

On October 6, 2023—less than a week into its new 2024 fiscal year (FY)—the Office of Federal Contract Compliance Programs (OFCCP) announced a new list of mega construction designees, identifying twelve new construction...more

Bradley Arant Boult Cummings LLP

The Good, the Bad, and the Board Minutes: Mississippi Court Says Public Bodies Must Fully Explain Why Lowest and Best Bidder Is a...

Contractors know when they bid a public job that it’s the lowest and best bidder that will ultimately come out on top. Contractors and public bodies also know that when a public body rejects the lowest bid, it needs to...more

Bricker Graydon LLP

Key Changes to Ohio Construction Law for Certain Public Entities Beginning October 3, 2023

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Effective October 3, 2023, the threshold amount for rejecting bids when they exceed the original construction estimate will increase for certain Ohio public entities. Previously, Ohio Revised Code (ORC)153.12 specified that...more

Benesch

Competitive Bidding Thresholds for Some Ohio Public Authorities Increasing October 3, 2023

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In its 2023 budget bill, H.B. 33, the Ohio Legislature modified several provisions of the Ohio Revised Code that establish dollar thresholds for when certain public authorities must competitively bid for certain goods and...more

Bricker Graydon LLP

Ohio Competitive Bidding Thresholds for Certain Public Entities Increased to $75,000 Through 2024, and to Increase 3% Annually

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Effective October 3, 2023, the construction competitive bidding threshold for certain Ohio political subdivisions including libraries, counties, and townships will increase from $50,000 to $75,000 through 2024, and will...more

Williams Mullen

New Amendments to Virginia’s “Prompt Payment” Law take effect July 1, 2023

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In 2022, the General Assembly enacted significant changes to Virginia Code §§ 2.2-4347, 2.2-4354 and 11-4.6 that mandated prompt payment by owners, contractors and subcontractors on public and private construction projects...more

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

OFCCP’s New CSAL Identifies 250 Construction Contractors and Subcontractors for Compliance Reviews

On June 5, 2023, the Office of Federal Contract Compliance Programs (OFCCP) published a Corporate Scheduling Announcement List (CSAL) identifying 250 federal and federally assisted construction contractors and subcontractors....more

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

OFCCP’s Mega Construction Project Program: OFCCP Continues Its Focus on the Construction Industry

As part of the U.S. Department of Labor’s Office of Federal Contract Compliance Programs’ (OFCCP) continued focus on the construction industry amid the Biden administration’s infrastructure push, the agency is homing in on...more

Bricker Graydon LLP

[Hybrid Event] 15th Annual Construction Procurement for Public Entities in Ohio - May 11th, Dublin, OH

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This full-day workshop, specifically designed for Ohio public owners, covers the project delivery methods available for public construction projects and when competitive bidding is required. The morning session features a...more

Saiber LLC

The Saiber Construction Law Column: April 2023

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Under New Jersey law, parties who hire independent contractor are not responsible for harm that occurs to the contractor’s employees as a result of the very work that the employee was hired to perform. In September 2022, the...more

Miles & Stockbridge P.C.

OMB’s Proposed Rule for BABA Implementation Attracts Industry Criticism

The White House Office of Management and Budget (OMB) issued a Proposed Rule and Notification of Proposed Guidance to federal agencies earlier this year regarding the implementation of the Build America, Buy America Act...more

Nossaman LLP

Construction & Claims: March 2023

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Welcome to Construction & Claims, a periodic digest of the headlines, statutory and regulatory changes and court cases involving construction news, claims, bid protests, contract administration and payment-related disputes....more

Bradley Arant Boult Cummings LLP

An Update and Refresher on Retainage

Depending on the state, retainage often provides an owner a security interest in unpaid funds to help cover completion costs or other damages that may later occur by withholding a certain portion (typically 5-10%) of contract...more

Miller Canfield

Michigan Court of Appeals Strikes Down Local Ordinance Mandating Contractors Pay Prevailing Wage Rates

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​​​​​​​Can a Michigan municipality require contractors to pay union-level wages when they are awarded government contracts? On December 8, 2022, a 3-0 panel of the Michigan Court of Appeals answered the question in the...more

Bradley Arant Boult Cummings LLP

Prime Contractor Beware, No. 3: Tis The Season, but is your Retainage safe under the Tree?

Here’s the Scenario: Try explaining the concept of “retainage” to a businessperson unfamiliar with the construction industry at your next holiday party. Here’s the typical response as she spits out her eggnog: “Wait a minute:...more

Saul Ewing LLP

Pennsylvania Commonwealth Court Issues Decision in Ursinus College v. Prevailing Wage Appeals Board

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​On August 4th, the Pennsylvania Commonwealth Court (the “Court”) issued its decision in Ursinus College v. Prevailing Wage Appeals Board. The Court reversed a decision by the Prevailing Wage Appeals Board (the “Board”) in...more

Faegre Drinker Biddle & Reath LLP

Colorado Expands Use of P3s in Public Sector Projects

Colorado Governor Jared Polis recently signed into law expanded public-private partnership (P3) enabling legislation following the Colorado General Assembly’s passage of SB22-130. The law permits state public entities,...more

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