The Pennsylvania Department of Labor & Industry’s bidding thresholds will increase by 2.4% in 2025, compared to the 12-month period ending September 30, 2024....more
Another day, another legal challenge to New York's overhaul of the Consumer Directed Personal Assistance Program (CDPAP). In an emergency petition filed Nov. 25, 2024, by the state's largest fiscal intermediary (FI), Freedom...more
Obtaining SWaM certification in Virginia enables businesses to bid on local and state contracts that are set aside for small, women-owned, and minority-owned businesses. The Commonwealth of Virginia has committed to sourcing...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
The Superior Court of Arizona recently confirmed that state law preempts two local ordinances in Phoenix and Tucson that were set to take effect on July 1, 2024, and would have required construction companies that contract...more
Legislation has been signed into law in Virginia that expands the maximum thresholds for job order contracting by the Commonwealth. Job order contracting allows a public body to award a contract to one entity to cover...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effective on February 13, 2024, and is substantially similar to a prior statutory prevailing wage requirement which was repealed in 2018.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
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
New York’s state contracts boast some of the most ambitious diversity goals in the nation, and are well recognized for their frequent utilization of Minority and/or Women-owned Business Enterprises, known as MWBEs, with a set...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
Governmental Immunity - Under Texas law, school districts are generally immune from suit and liability unless the legislature expressly waives governmental immunity. Generally, absent an express legislative waiver, such as...more
Governmental Immunity - Although often used interchangeably, the terms sovereign immunity and governmental immunity involve two distinct concepts. Sovereign immunity protects the State and divisions of state government...more
In its January 26, 2022, press release, the Ohio Ethics Commission is urging the Ohio General Assembly to enact enhanced penalties for persons or entities convicted of giving unlawful gifts or payments to any public official...more
The Pennsylvania Department of Labor & Industry’s bidding thresholds for a municipal authority and municipality will increase a little over 2% in 2022. The Department published its bidding thresholds for 2022 under Act...more
In 2019, the California legislature passed, and Governor Newsom approved, new legislation impacting the development industry. Effective January 1, 2020, the laws summarized in the link below will impact the development...more
North Carolina recently amended the statute that governs the process by which general contractors on certain public projects submit claims to the Director of the State Construction Office (“Director”). While many aspects of...more
As MuniBlog readers may be aware, public access television airs programs ranging from school district and municipal government meetings to publicly hosted programs. Sometimes a program may offend viewers or be critical of...more
The Supreme Court of the United States issued four decisions this morning: Manhattan Community Access Corp. v. Halleck, No. 17-1702: A private nonprofit corporation known as MNN operates the public access channels on Time...more
On June 17, 2019, the United States Supreme Court decided Manhattan Community Access Corp. v. Halleck, No. 17-1702, holding that a private nonprofit corporation that operates the public-access channels on the cable system in...more
Este año se celebrarán en el país las elecciones regionales, en las que se elegirán alcaldes, gobernadores, miembros de concejos municipales y de asambleas departamentales. De acuerdo con la Resolución 14778 del 11 de octubre...more
In a recent decision, the Massachusetts Supreme Judicial Court ruled that governmental entities have great flexibility to terminate agreements with contractors where the agreement includes a “termination for convenience”...more
On April 25, 2018, the New York State Energy Research and Development Authority (“NYSERDA”) issued its second Request for Proposals (“RFP”) to procure renewable energy credits (“RECs”). NYSERDA is seeking up to 20 projects to...more
The recent opinion of Protech Solutions, Inc. v. The Delaware Department of Health and Human Services, C.A. No. 2017-0642-TMR (Del. Ch. Nov. 30, 2017) sets forth a helpful roadmap in terms of the Court’s determination of...more
Roxanne Perkins was employed as a clinical supervisor of prior authorizations therapy at Wellcare Health Plans. When she returned from a leave of absence, she learned that Wellcare had instituted a new practice of approving...more
Renewable Energy Focus - BLM issues new guidelines to streamline solar development in Western U.S. - UtilityDive - Mar 5 - New guidelines from the Bureau of Land Management (BLM) streamline the implementation...more