[WEBINAR] Planning in the Coastal Zone
[WEBINAR] The Cost of Doing Business: Best Practices for Public Works Projects - Part One
The Alabama Legislature recently made several changes to requirements for public works projects that go into effect September 1, 2023. Here’s a summary of the notable changes: Section 39-1-1 - Section 39-1-1 mandates...more
Recently the U.S. Department of Labor (DOL) issued a final rule that provides, among many other things (the rule is more than 700 pages long), (1) an update to the formula DOL uses to set “prevailing wages” under the...more
The key takeaway from Graham Contracting, Ltd v. City of Federal Way in Washington appeals court - A recent unpublished decision issued by the Court of Appeals of Washington, Graham Contracting, Ltd v. City of Federal...more
On January 18, 2022, New Jersey’s Public Works Contractor Registration Act, 34 N.J.S.A. 34:11-56.56, et seq. (the “Act”) was amended to give the commissioner of the New Jersey Department of Labor and Workforce Development (NJ...more
On June 7, 2021, as part of the US Department of Justice’s (DOJ) continuing commitment to prosecuting cases where the government is a victim, a government contractor pleaded guilty to one count of bid-rigging and one count of...more
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
During this pandemic, my crystal ball and I are social distancing; while I am working at home it is tucked away in my Capitol Hill office. Luckily, I was able to dig out my old magic-8 ball from the back of my closet, but...more
On March 24, the Ohio Department of Transportation released a “Statement Regarding COVID-19 Response” in an attempt to provide guidance for contractors working on ODOT projects...more
On December 12, 2019, the Department of Justice (DOJ) announced that a former civilian employee of the U.S. Army is being prosecuted by the DOJ’s Criminal Division’s Fraud Section....more
Imagine how early you could retire if you had a dollar for every time someone told you to “think outside the box.” Personally, I can’t count the number of times I’ve heard this charge in my educational and professional life....more
Securing public works projects can be a key source of revenue, but can also come at a hefty price for contractors not fully prepared to comply with the Davis-Bacon Act and related federal and state laws. From pre-bid...more
In this edition of The Site Report, our construction law e-newsletter, we cover a variety of issues affecting our clients and the industry right now.... ...more
Contrary to prior rulings, an aggrieved bidder may be able to recover its bid costs when a public works project is wrongly awarded to another contractor that is not the lowest responsible bidder — even after the contractor is...more
United States ex rel. Metro Mech., Inc. v. Triangle Constr. Co., 2018 U.S. Dist. LEXIS 1487 (S.D. Miss. Jan. 4, 2018) - Triangle Construction Company, Inc. (“Triangle”) contracted with Mississippi Portfolio Partners III,...more
The deadline for California Governor Jerry Brown to sign new bills into law officially expired October 15, 2017. In addition to signing five bills last week, the Governor signed three more employment-related bills into law...more
The Fourth Circuit Court of Appeals, the federal appeals court covering Maryland, Virginia, West Virginia, North Carolina, and South Carolina, affirmed the trial court’s decision to dismiss a contractor’s breach of contract...more
Summary of SB-30 - Senate Bill 30 California-Mexico Border: Federally Funded Infrastructure (“SB-30”) was introduced on December 5, 2016 by Democrat Senator Ricardo Lara, who is its primary sponsor. SB-30 is an act to add...more
Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc., 2017 Cal. LEXIS 1024 (Cal. February 16, 2017) - This tort lawsuit relates to a dispute over the bidding process on several public works contracts in...more
The California Supreme Court in Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc. (Feb. 16, 2017) Case No. S225398, --- Cal.3d ---, held that for public works contracts awarded to the lowest responsive, responsible...more
“We will follow two simple rules: buy American and hire American.” While world leaders are pondering what these words from President Trump’s Inaugural Address mean for international trade, a different question looms for U.S....more
Welcome to the winter 2016 edition of our Under Construction newsletter. We hope your year has been good to your family, your company and you as we wrap up these remaining few weeks of 2016. A recent hot topic with...more
A number of employment-related developments are likely to impact the construction industry. This article is intended to briefly summarize some of these developments....more
The California Legislature completed its substantive legislative work for the year in the very early morning hours of Thursday, September 1, 2016, with the usual frenetic, last-minute flurry of bill-passing, including some...more
In False Claims Act (“FCA”) cases, the Department of Justice and, where the government has declined to intervene, qui tam plaintiffs, routinely pursue aggressive damages theories. In its recent decision in U.S. ex rel. Wall...more
Experts are predicting a 95% chance of heavier-than-usual seasonal rainfall this year in Southern California based on the phenomenon known as “El Niño.” Did the California Legislature and its Governor produce a comparable...more