News & Analysis as of

Subcontractors

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Government Contractors Facing Uneven and Uncertain Subcontracting Risks Relating to DEI

Federal contractors and grant recipients are operating in a period of unusual transition. The Federal Acquisition Regulation (FAR) rewrite is advancing through agency deviations while formal rulemaking is set to begin. ...more

Jackson Lewis P.C.

Digging Deeper: DoD Initiates Wide-Ranging Examination of SBA 8(a) Contracting Program for Disadvantaged Businesses

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On Jan. 16, 2026, Secretary Pete Hegseth announced that the Department of Defense will initiate a comprehensive review of contracts awarded under the Small Business Administration’s (SBA) 8(a) Business Development Program...more

Ward and Smith, P.A.

Frequently Asked Questions About the Notice of Contract Mechanism for North Carolina Contractors and Subcontractors

Ward and Smith, P.A. on

The Notice of Contract Mechanism is one of the most misunderstood mechanisms within lien law, and can have significant financial impacts on general contractors and subcontractors alike. As construction attorneys in North...more

Miller Nash LLP

[Webinar] Workplace Investigations on the Rise in the Construction Industry: What to Look For, Why It Matters, and How to Get It...

Miller Nash LLP on

Construction employers face unique challenges when responding to workplace complaints. Rotating crews, multiple employers and unions operating on the same jobsite, and informal, fast-paced communication styles can increase...more

Benesch

Ohio Imposes New Mandatory E-Verify Requirements on Nonresidential Construction Employers

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Starting March 19, 2026, Ohio employers engaged in non-residential construction are required to use the federal E-Verify system to confirm job candidates and employees working on covered projects are authorized to work in the...more

Warner Norcross + Judd

Department of War Issues Line-by-Line Review of 8(a) Contracts — Are You Compliant with 8(a) Requirements?

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A recently made public Department of War Secretary Memorandum (Memo) dated Jan. 16, 2026, orders a line-by-line review of all small business 8(a) sole-source and set-aside contracts with over $20 million in contract awards....more

Blake, Cassels & Graydon LLP

B.C. Court of Appeal Confirms Owner Payment Obligations After Notice of Subcontractor Lien

In Lonsdale Quay Market Corporation v. Klondike Contracting Corporation (Lonsdale Quay Market), the British Columbia Court of Appeal issued a clear caution to owners who receive notice that a subcontractor has filed a lien....more

Genova Burns LLC

Second Court Issues 10(j) Injunction Applying the Stricter Starbucks Standard

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SCOTUS’s recent adoption of a stricter standard for issuing unfair labor practice injunctions did not prevent Region Four of the NLRB from securing an injunction against a residential treatment facility’s subcontracting the...more

Seyfarth Shaw LLP

The AVOID Act: A New Timeline for Liability in New York Construction Projects

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By April 18, 2026, New York construction litigation will operate on a faster—and far less forgiving—timeline. The Avoiding Vexatious Overuse of Impleading to Delay (the “AVOID Act”), signed into law on December 19, 2025,...more

Seyfarth Shaw LLP

Washington HB 2191 Update (Jan. 28, 2026): Key Changes and Contractor Next Steps

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Earlier this month, we analyzed House Bill 2191, the proposed legislation that would significantly expand wage and benefit liability in Washington’s construction industry. On January 28, 2026, lawmakers released a substitute...more

Littler

Ohio’s E-Verify Law for Nonresidential Construction Contractors Takes Effect Soon

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Starting March 19, 2026, Ohio’s E-Verify Workforce Integrity Act will require any “nonresidential” construction company contracting in the state of Ohio to use E-Verify, and impose penalties for violations....more

Holland & Knight LLP

Understanding Procurement-Based Suspension and Debarment in Federal Contracting

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Federal contractors face few threats more serious than suspension or debarment. This exclusionary action has become more prevalent during the Trump Administration. For example, at the end of 2025, the U.S. Small Business...more

ArentFox Schiff

USDA Pioneers FOCI Limits for Non-Defense Agencies

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As we noted back in August 2025, the Trump Administration is moving aggressively to implement its agenda on foreign adversaries’ influence on agricultural pursuits....more

Nutter McClennen & Fish LLP

SJC Hears New Prompt Pay Act Case

This week, the Massachusetts Supreme Judicial Court (SJC) heard argument on a Prompt Pay Act (PPA) dispute, J.C. Cannistraro, LLC v. Columbia Construction Co. The Cannistraro case comes on the heels of the SJC’s first...more

Cohen Seglias Pallas Greenhall & Furman PC

Navigating Ohio’s New E-Verify Mandate: A Guide for Construction Firms

The landscape of the Ohio construction industry has shifted significantly with the enactment of the E-Verify Workforce Integrity Act (House Bill 246). The law (Ohio Rev. Code Ann. §4151.01 et seq.) introduces mandatory...more

Vorys, Sater, Seymour and Pease LLP

Ohio Enacts New E-Verify Law for Nonresidential Construction Contractors Effective March 19, 2026

Ohio Governor Mike DeWine signed the E-Verify Workforce Integrity Act into law, creating new compliance obligations for nonresidential construction contractors in Ohio....more

Seyfarth Shaw LLP

California’s Retention Reform on Private Construction Projects

Seyfarth Shaw LLP on

Retention has long been a contentious issue in California construction. Traditionally, owners withheld retention of 10% from each progress payment until completion, arguing it was necessary to ensure performance, quality and...more

Fox Rothschild LLP

What to Know About the Department of Defense’s Review of 8(a) and Small Business Awards

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The Department of Defense (DoD) issued a memorandum on January 16, 2026 to announce a two‑stage review of small business set‑aside and 8(a) contract awards over $20 million for possible terminations for convenience. This...more

Blake, Cassels & Graydon LLP

Les modifications à la Loi sur la construction de l’Ontario sont désormais en vigueur

Le 1er janvier 2026, d’importantes modifications à la Loi sur la construction de l’Ontario (la « Loi »), promulguées par la Loi de 2024 visant à bâtir l’Ontario pour vous (auparavant, le « projet de loi 216 ») et la Loi de...more

PilieroMazza PLLC

January 2026: Partial Government Shutdown Imminent—Key Considerations for Federal Contractors

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Last fall, the longest government shutdown in U.S. history—at 43 days—had lasting and widespread negative impacts across the country. The shutdown ended when Congress eventually agreed on an appropriations bill, but that bill...more

Bass, Berry & Sims PLC

SBA Suspends Over 1,000 8(a) Participants After Program-Wide Audit Data Request While DoW Announces Line-By-Line Review of All...

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The U.S. Small Business Administration (SBA) has suspended 1,091 participants in the 8(a) Business Development Program after concluding that those firms did not timely submit required documentation in response to SBA’s recent...more

Vinson & Elkins LLP

Texas Business Court Quarterly Update – 2025 Q4 Summaries

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In the final quarter of 2025, the Texas Business Court closed its first calendar year of operation with a full slate of notable opinions. The Business Court continued to release opinions clarifying its jurisdiction, including...more

Dorsey & Whitney LLP

Trump Administration’s Anti-DEI Effort Comes for Section 8(a) Program—Small Businesses and Alaska Native Corporations May be the...

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Recent SBA directives and statements by senior leaders suggest a fundamental shift in the viability and risk associated with the Small Business Administration’s Section 8(a) contracting program. Federal contractors who are...more

PilieroMazza PLLC

Request for Comment: GSA Seeks Input on Value-Added Reseller Market

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The U.S. General Services Administration (GSA) recently requested information to explore “potential improvements” to the acquisition of Information Technology (IT) hardware and software through Value Added Resellers (VARs),...more

Holland & Knight LLP

DOW Announces Review of All Small Business Set-Aside Contracts Over $20 Million

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U.S. Department of War (DOW) Secretary Pete Hegseth on January 16, 2026, posted a video on social media calling for a line-by-line review of DOW 8(a) sole-source contracts of more than $20 million. The secretary stated his...more

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