Pay to Play Risk is High due to New Jersey 2021 Elections: Reduce your risk now!
Ohio’s political subdivisions - such as townships, counties, and municipalities - are authorized to enter into contracts under the Revised Code. Although political subdivisions have the power of local self-government,...more
Amendments to the Virginia Public Procurement Act relating to goods and resident bidders will take effect later this summer. Specifically, beginning July 1, 2024, there will be new preferences dealing with tie bids and in...more
Michigan’s new Prevailing Wage for State Projects Act (the “Act”) became effective on February 13, 2024, and is substantially similar to a prior statutory prevailing wage requirement which was repealed in 2018. ...more
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
On January 8, 2024, Governor Phil Murphy signed S1438 / A5794, which amended New Jersey’s State Prevailing Wage Act to permit unions to file prevailing wage claim suits on behalf of workers on covered projects regardless of...more
On November 1, 2023, the Massachusetts Office of Attorney General (“AG”) issued a press release announcing the issuance of a judgment against a local contractor arising out of its subcontractor’s failure to pay prevailing...more
Under the leadership of a new administration and a new generation of Board of County Commissioners (“Board”), for the past few years, Miami-Dade County (“County”) has been updating its procurement procedures to increase...more
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
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
Florida Gov. Ron DeSantis on May 2, 2023, signed into law CS/CS/HB 3, which passed the Florida Legislature during the 2023 regular session and becomes effective on July 1, 2023. CS/CS/HB 3 – now codified at 2023-28, Laws of...more
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
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
A review of the statutory qualifications-based selection process and a new exception to the process - Ohio public entities are required to follow a qualifications-based selection (QBS) process when hiring an architect,...more
Legislative Update Alert - SF 183 - On Tuesday, June 14, 2022, Governor Reynolds signed into law SF 183 (Iowa Legislature - BillBook) related to alternative delivery methods for public improvement projects....more
Highlights: The original version of this article was published in the Spring 2011 issue of Brickerconstructionlaw.com. It has been updated based upon experiences over the last eleven years and additional review of the...more
A review of the statutory qualifications-based selection process and when it is required - Ohio public entities are required to follow a qualifications-based selection (QBS) process when hiring an architect, engineer or...more
On Thursday, October 7, 2021, three years after Michigan’s prevailing wage law was repealed, prevailing wage has been reinstated for certain state contracts. ...more
For many years construction contractors that bid on public works projects have had to contend with complying with prevailing wage and benefit, apprenticeship program, certified payroll, and Labor Commissioner registration...more
On May 1, 2021, the Virginia Prevailing Wage Law (the “Law”), also referred to as the “Little Davis-Bacon Act,” became effective. The Law requires contractors and subcontractors working under any public contract over $250,000...more
As we write this alert, new legislation is in its final stages of becoming law in New York State, which will address the longstanding abuse of the substantial completion schedule milestone in project closeout. Few words...more
The statutes of limitations set forth in the CPLR are default rules, and parties generally are free to modify default rules by agreement. But statutes of limitations also further the important public interests, such as...more
Applying New York law, a New York state trial court granted an insurer’s motion for summary judgment where an insured sought coverage under a private company D&O policy for a settlement it had paid for fraudulent filings for...more
Welcome! If we have learned anything, 2020 has been an unexpected year. The pandemic has impacted the construction industry -- as it has with all industries -- over the past several months. Another thing that we know is...more
Smart government contractors don’t take just one bite at the apple when responding to a solicitation like a request for proposals (RFP) or invitation to negotiate (ITN). They hedge their bets by submitting “alternate” or...more