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Private-Public Investment in Infrastructure: Community Improvement in the Atlanta Area With Kim Menefee — TAG Infrastructure Talks Podcast
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Listed below are some of the important and recent California laws regarding the construction industry....more
All contractors and subcontractors who submit bids or perform construction work on public work projects or private projects covered by Article 8 of the Labor Law are required to register with the New York State Department of...more
A recent Colorado Court of Appeals sent ripples through the Colorado construction industry. In Ralph L. Wadsworth Constr. Co., LLC v. Reg’l Rail Partners et al. the Court of Appeals interpreted Colorado’s Public Works Act to...more
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
In a significant ruling, the Armed Services Board of Contract Appeals "(Board)" denied a government motion to dismiss claims from McCarthy HITT - Next NGA West JV, a joint venture under contract with the US Army Corps of...more
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
On April 27, 2022, the Virginia General Assembly passed Senate Bill 550, which makes “pay when paid” and “pay if paid” clauses unenforceable in most circumstances and requires both public and private construction contracts to...more
(Part one of a two-part article series) Confused about “pay-when-paid”, “pay-if-paid” clauses and the requirements of Virginia’s Prompt Payment Act on Virginia construction contracts? A new law intending to change the...more
The September 2020 decision by the Scottish Court of Session in Van Oord UK v. Dragados UK [2020] CSOH 87, which has now been appealed. The dispute centred on the ability of Aberdeen Harbour expansion main contractor Dragados...more
The origins of the FIDIC suite - The Fédération Internationale Des Ingénieurs-Conseils (FIDIC) was founded in Belgium in 1913. Since then, it has become the foremost representative body for the world's consulting...more
The Department of Justice (DOJ) has settled and obtained judgments in excess of $2.8 billion for false claims against the government last year. Over $2.1 billion of these cases arose from lawsuits filed under the qui...more
Contracting with the federal government on construction projects involves challenges and risks for even the most experienced contractors. In this seminar, federal construction contracting attorneys Michael Payne and Bob...more
Most states have a “prompt payment act” that protects contractors’ and subcontractors’ right to payment for work on public projects. Pennsylvania also has a law that protects contractors’ and subcontractors’ right to payment...more
IT’S NOT ENOUGH FOR A CONTRACTOR TO BE LICENSED . . . it must be properly licensed. We are reminded of this by the recent case of JMS Air Conditioning and Appliance Service, Inc. v. Santa Monica Community College District,...more
The new year brings us some clarification regarding due process and sufficiency of the evidence necessary to support a subcontractor substitution on a California public works project. The case of note is JMS Air Conditioning...more
Pritchett Controls, Inc. v. Hartford Accident & Indemnity Co., 2017 U.S. Dist. LEXIS 192182, 2017 WL 5591872 (D. Md. Nov. 21, 2017) - James W. Ancel, Inc. (“JWA”) was the prime contractor on a project for the Maryland...more
Welcome to the first edition of our Under Construction newsletter for 2016. Indemnity laws and clauses are a big part of construction contracts. They can make or break a project. Defend and indemnify obligations have the...more
The Massachusetts Attorney General is taking action to ensure that general contractors working on public construction are complying with state requirements to use DBE/MBE subcontractors....more
Contractors and subcontractors who are aggrieved by erroneous information on construction documents may have an easier time proving an architect or other design professional made a negligent misrepresentation that harmed them...more
Last week, the Supreme Court of Pennsylvania issued a decision which has important consequences for all members of the construction industry involved with public works projects. In Clipper Pipe & Service, Inc. v. The Ohio...more
In a decision issued last week in Clipper Pipe & Service, Inc. v. Ohio Casualty Insurance Company, the Pennsylvania Supreme Court concluded that the Contractor and Subcontractor Payment Act, 73 P.S §§ 501-516 (CASPA) does not...more
Letter from the Editor - Welcome to the summer edition of our Under Construction newsletter. In this issue, we highlight several hot topic items affecting the construction industry such as what happens when the...more
- Effective July 1, 2014, (or a later date if DIR's online registration system was not in place on that date) contractors and subcontractors working on "public works" projects were required to register with the California...more
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
Contractors should prepare for Minnesota's Responsible Contractor Law, which will apply to most bid solicitations for state and local construction contracts in Minnesota issued after December 31, 2015. The law will apply to...more