News & Analysis as of

State and Local Government Subcontractors

Parker Poe Adams & Bernstein LLP

What Local Governments Need to Know About Latest Federal Procurement Updates and Steps to Avoid Conflicts of Interest

Before a local government can build a new town hall building or upgrade its water and sewer infrastructure using federal funds, it needs to navigate a complex maze of federal procurement requirements....more

Freiberger Haber LLP

New York City Sparkies Beware – Be Licensed or be Square

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This BLOG has previously addressed issues related to proper licensure for contractors and the problems that arise for them if they perform work without a license. We have previously noted that home improvement contractors are...more

Brownstein Hyatt Farber Schreck

New Nevada Wage Laws Will Impact Public Works Contractors

Public works projects are a significant source of work for Nevada construction contractors. As the new year approaches, public works contractors will need to adjust their hiring and recordkeeping practices for each project to...more

Porter Hedges LLP

New Texas Legislation that Restricts Owner-Directed Change Order Rights Takes Effect September 1, 2023

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The Texas legislature has passed House Bill 3485 that may limit owner-directed change orders for owner-directed work. The law takes effect September 1, 2023 for contracts entered into on or after September 1, 2023. The...more

Spilman Thomas & Battle, PLLC

Updates to the Virginia Prompt Payment Act

The Virginia General Assembly made significant amendments to general rules for construction contracts, as well as the specific rules for public entity construction contracts in the Prompt Payment Act, that largely remove the...more

Stoel Rives LLP

New Washington Law Applies Limitations to Retainage on Private Construction Projects

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On May 9, 2023, Washington Governor Jay Inslee signed into law Senate Bill (SB) 5528, which limits the percentage of retainage withheld from contractors on private construction projects in Washington....more

Davis Wright Tremaine LLP

Put a Cap on It: The Impact of 2023 Washington Retainage Law for Private Projects

New private project retention cap matches that for public construction projects and takes effect July 23 - This year, the Washington State Legislature approved a cap on retainage for private projects. The stated purpose of...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 1, January 2023

Contech Trends to Watch in the New Year - “As builders adapt to economic, supply chain and labor challenges, they’re turning to technology to boost performance.” Why this is important: All of the turmoil of 2022 (the...more

Bass, Berry & Sims PLC

The Contractor Vaccine Mandate is Back?

On Friday, August 26, the Eleventh Circuit published the long-awaited decision in the government’s appeal of a nationwide injunction halting the COVID-19 vaccine mandate for government contractors and subcontractors. Although...more

DirectEmployers Association

OFCCP Week In Review: August 2022 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Cynthia L. Hackerott. In today’s edition,...more

Bradley Arant Boult Cummings LLP

Want to File a Mechanics’ Lien in California? Here’s What You Can (and Can’t) Include

How can a contractor, subcontractor, or supplier secure payment for its work? One solution is to file a mechanics’ lien against a project’s property. Lien laws vary widely from state to state and time to time because...more

Bradley Arant Boult Cummings LLP

Virginia Is for Lovers… of Strict Contract Language: New Law Prohibits Pay-if-Paid Clauses in Construction Contracts

Virginia has joined the growing number of states that prohibit “pay-if-paid” clauses. The new law, known as Virginia Senate Bill 550, amends Virginia’s Prompt Payment Act (Va. Code § 2.2-4354) and its relatively new (July 1,...more

Bradley Arant Boult Cummings LLP

Whatever Happened to that Federal Contractor COVID Vaccine Order?

More than seven months ago, on September 9, 2021, President Biden issued Executive Order 14042, which imposed a COVID-19 vaccine mandate on many federal contractors and subcontractors. As we have previously reported, the...more

Sands Anderson PC

The End of “Pay When Paid” in Virginia Construction Contracts with State and Local Governments

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“Pay When Paid” or “Pay if Paid” clauses in subcontracts have long been a thorn in the side of subcontractors. If Governor Youngkin signs into law a new bill that passed in both houses of the Virginia General Assembly, those...more

Venable LLP

Remember Local Pay-to-Play Laws: Delaware County, Pennsylvania Imposes New Disclosure Requirements

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Pay-to-play laws present a minefield for compliance because they can be found not only at the state level, but also the local level. As one of the most recent examples, beginning on April 1, 2022, Delaware County...more

Bradley Arant Boult Cummings LLP

Labor and Employment Law: What’s New in 2022

Although the first of January is ultimately just another day in the grand scheme of things, many of us attach a special significance to it. It is a day where we symbolically leave our problems behind and press forward to see...more

Fox Rothschild LLP

New Washington State Lien Law Increases Pressure On Employers To Pay Wage Claims: What’s Next?

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When the DOL audits an employer and finds wages due, the employer, albeit unhappily, then pays the wages and (hopefully) changes its errant ways. There are times when the employer cannot or will not pay and then the agency or...more

Bass, Berry & Sims PLC

Injunctions May Only Pause the Government Contractor Vaccine Mandate

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The U.S. District Court for the Eastern District of Kentucky's Nov. 30 injunction, in Kentucky v. Biden, prohibiting enforcement of the government contractor vaccine mandate against contractors and subcontractors in Kentucky,...more

Schwabe, Williamson & Wyatt PC

Federal Contractor Vaccine Mandate Update: Implementation Likely Delayed Until ‎February 2022- At The Earliest - If the Mandate...

On December 7, 2021, in Georgia v. Biden, No. 1:21-cv-163, a federal judge in the United States District Court for the Southern District of Georgia issued a preliminary injunction barring enforcement of President Joe Biden’s...more

UB Greensfelder LLP

District Courts Block Nationwide Vaccine Mandate for Federal Contractors

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Due to the ongoing pandemic, federal contractors nationwide – and the attorneys who represent them – have been closely monitoring the government’s implementation of a vaccine mandate. The potential of an enforceable mandate...more

McDermott Will & Emery

Federal Contractor COVID-19 Vaccine Mandate Clock is Ticking (Updated)

McDermott Will & Emery on

UPDATE: On December 7, 2021, the US District Court for the Southern District of Georgia issued a nationwide injunction that blocks the federal government from enforcing the federal contractor and subcontractor vaccine...more

Schwabe, Williamson & Wyatt PC

Safer Federal Workforce Publishes Update Regarding Court Injunctions ‎Against Federal Contractor Vaccine Mandate

On December 9, 2021, the Safer Federal Workforce Task Force issued a new statement regarding the court orders enjoining implementation of the federal contractor vaccine mandate. The Task Force statement is as follows: ...more

Perkins Coie

Federal Contractor Vaccine Mandate Blocked in Nationwide Injunction

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On December 7, 2021, a federal district court in Georgia issued a nationwide injunction blocking the federal contractor vaccine mandate and other protocols. In a 28-page decision, the district court determined that the...more

Sheppard Mullin Richter & Hampton LLP

Executive Order 14042 - Update 12.0 U.S. District Court Issues Nationwide Injunction

Federal contractors and subcontractors across the country were forced to rethink their COVID-safety efforts when, on December 7, the U.S. District Court for the Southern District of Georgia enjoined enforcement of Executive...more

Fenwick & West LLP

COVID-19 Developments for Federal Contractors…

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[Editor's Note (12/07/21): A second court―the U.S. District Court for the Southern District of Georgia―has issued an injunction halting enforcement of the federal contractor vaccine mandate on a nationwide basis. The district...more

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