News & Analysis as of

Department of Transportation (DOT) Construction Project

Miller Nash LLP

You Snooze, You Lose: Washington’s Strict Notice of Claim Requirements on Construction Projects Continues to Plague Contractors

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Contractors in Washington State continue to look for judicial relief from the strict compliance with contractual notice requirements and still come up empty. The most recent example of forfeiture of payment is explained in...more

Nossaman LLP

U.S. Department of Transportation Announces Funding Opportunity for Public Agencies to Improve P3 Capacity and Expertise

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The U.S. Department of Transportation (USDOT) recently announced a long-awaited Notice of Funding Opportunity (NOFO) for public agencies to enhance technical capacity to deliver projects using a public-private partnership...more

Nelson Mullins Riley & Scarborough LLP

Biden-Harris Administration Allocates Historic $3.3B for Community Reconnection Projects

The U.S. Department of Transportation announced $3.33 billion in grants for 132 projects to reconnect communities previously cut off by transportation infrastructure, addressing historic disparities. These initiatives, part...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

Nossaman LLP

OMB Issues Final BABA Guidance and USDOT Issues Final Public Interest Waiver

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The federal government recently released long-awaited guidance regarding the Build America, Buy America (BABA) Act requirements included in the Infrastructure Investment and Jobs Act (P.L. 117-58; IIJA).  On August 14, 2023,...more

Troutman Pepper

Suppliers Beware: US Government Continues Prosecution of DBE Fraud Cases Involving Supplies Passed Through DBEs

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On April 21, the Third Circuit Court of Appeals affirmed the convictions of a painting subcontractor and its owner (defendants) under the federal wire fraud statute for conspiring to defraud the Department of Transportation...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 3, April 2023

What Employers Can Do When a Union Knocks on Their Door - When a union knocks on an employer's door, it can be a shock and awe experience for the unprepared employer. It is important for employers to understand their...more

Spilman Thomas & Battle, PLLC

The Nine Construction Mega Projects – North Carolina and Pennsylvania to Benefit

Federal infrastructure funding is coming to North Carolina and Pennsylvania! Recently, Transportation Secretary Pete Buttigieg announced an award of $1.2 billion in grants for nine projects around the country. This includes...more

Robinson+Cole Construction Law Zone

USDOT Expands Financing for Certain Transit Projects

The U.S. Department of Transportation (USDOT) recently announced that it will offer more low-cost flexible financing for both transit and Transit Oriented Development projects under the Transportation Infrastructure Finance...more

PilieroMazza PLLC

[Webinar] Update on DOT’s DBE Program for Construction Contractors - October 19th, 2:00 pm - 3:00 pm ET

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With both the Infrastructure Act and the Inflation Reduction Act bringing billions of dollars in new funding to state and local infrastructure projects, the contracting community is focusing its attention on DOT’s...more

Woods Rogers

Now That’s A Steel: VDOT Issues Memorandum for Steel Escalation Price Adjustments

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Construction material prices have been extremely volatile, negatively impacting virtually all projects. Recently, VDOT issued guidance on steel escalation, but for VDOT projects only...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights: Issue 3, 2022

Change in “Pay When Paid” Provisions for VA Public Contracts "An Act to amend and reenact §§ 2.2-4354 and 11-4.6 of the Code of Virginia, relating to contracts; payment clauses to be included; right to payment of...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights: Issue 1, 2022

How Climate Change is Changing the Game for Concrete - "A new American Concrete Institute committee is assessing the affect of global climate change on sustainability of concrete structures, as more-severe salt-water...more

PilieroMazza PLLC

Construction Webinar Series: The Infrastructure Bill’s Impact on DOT’s Disadvantaged Business Enterprise Program

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After months of negotiations, the House passed a more than $1 trillion infrastructure bill on November 5, 2021. Once signed by President Biden, the bill will put billions in new funding into upgrading the nation’s...more

PilieroMazza PLLC

[Webinar] Construction Series: The Infrastructure Bill’s Impact on DOT’s Disadvantaged Business Enterprise Program - December 8th,...

PilieroMazza PLLC on

After months of negotiations, the House passed a more than $1 trillion infrastructure bill on November 5, 2021. Once signed by President Biden, the bill will put billions in new funding into upgrading the nation’s...more

Bradley Arant Boult Cummings LLP

Infrastructure Bill Appropriates Funds to Disadvantaged Business Enterprises

H.R. 3864, the Infrastructure Investment and Jobs Act or Bipartisan Infrastructure Bill (BIB), passed a vote by the U.S. House of Representatives on November 5, 2021, and will soon become law upon signing by President Biden....more

Robinson+Cole Construction Law Zone

Public Works Construction Projects Set to Increase if Infrastructure Investment and Jobs Act of 2021 Becomes Law

While its ultimate passage remains unclear, on August 10, 2021, the United States Senate approved passage of the Infrastructure Investment and Jobs Act (H.R.3684) (“the Act”). ...more

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

I-30 Widening – Reconstruction/National Environmental Policy Act: U.S. District Court (E.D. Arkansas) Addresses Request For...

United States District Judge James M. Moody (“Court”) addressed in a September 3rd Order a July 10th Motion filed by Plaintiffs seeking a preliminary and permanent injunction (“Motion”) to prohibit commencement of: . . ....more

Allen Matkins

Sustainable Development and Land Use Update - August 2020 #2

Allen Matkins on

L.A. aims to increase affordable housing with proposed zoning changes - Daily Breeze – August 6 - The Los Angeles Department of City Planning last Thursday released plans for an incentive-based zoning system for...more

Nossaman LLP

TxDOT Keeps Design-Build Projects in the Fast Lane

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Like many other state agencies, Texas stay-at-home orders issued in response to COVID-19 have shuttered many TxDOT offices since mid-March. ...more

Bilzin Sumberg

National P3 Update - Transportation

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This installment of our National P3 Update focuses on transportation.  While the transportation sector has dominated the U.S. P3 market over the last decade, the sector has experienced stagnation since the financial close of...more

Troutman Pepper

The Washington Court of Appeals Clarifies When the Statute of Limitations for a Negligence Claim Begins to Run Under the Discovery...

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Dep’t of Transp. v. Seattle Tunnel Partners, 2019 BL 36988, 2 (Wash. App. Div. 2 Feb. 05, 2019) - On January 8, 2019, the Court of Appeals for the State of Washington reversed and remanded in part a trial court’s grant of...more

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

Demolition Contract: New York Appellate Court Addresses Whether Imposition of Flow Control Constitutes a Significant Change

A New York Appellate Court (“Court”) addressed in a January 9th opinion the effect of flow control by a local governmental authority on a demolition contract. The focus of the decision was whether a general contractor was...more

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

Public Design-Build Projects in Arkansas (Part One): 30 Crossing Project Litigation

Under the Arkansas Code, the Arkansas Department of Transportation (“ARDOT”), via the Arkansas Highway Commission, can procure a transportation project using the design-build project delivery method. In fact, ARDOT is...more

Perkins Coie

Ten Things to Know About USDOT's New NEPA and Section 4(f) Regulations for Highway, Transit and Rail Projects

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New regulations took effect last month governing the federal environmental review process for highway, public transit and some railroad projects. This update highlights 10 important changes in the new regulations, as well as...more

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