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Seyfarth Shaw LLP

Don’t Leave Me Twisting in the Wind: ASBCA Paves Way for Potential Subcontractor Recovery for Pandemic-Related Claims

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In a significant ruling, the Armed Services Board of Contract Appeals "(Board)" denied a government motion to dismiss claims from McCarthy HITT - Next NGA West JV, a joint venture under contract with the US Army Corps of...more

Williams Mullen

New Amendments to Virginia’s “Prompt Payment” Law take effect July 1, 2023

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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

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

OFCCP’s New CSAL Identifies 250 Construction Contractors and Subcontractors for Compliance Reviews

On June 5, 2023, the Office of Federal Contract Compliance Programs (OFCCP) published a Corporate Scheduling Announcement List (CSAL) identifying 250 federal and federally assisted construction contractors and subcontractors....more

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

OFCCP’s Mega Construction Project Program: OFCCP Continues Its Focus on the Construction Industry

As part of the U.S. Department of Labor’s Office of Federal Contract Compliance Programs’ (OFCCP) continued focus on the construction industry amid the Biden administration’s infrastructure push, the agency is homing in on...more

Saiber LLC

The Saiber Construction Law Column: April 2023

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Under New Jersey law, parties who hire independent contractor are not responsible for harm that occurs to the contractor’s employees as a result of the very work that the employee was hired to perform. In September 2022, the...more

Bradley Arant Boult Cummings LLP

An Update and Refresher on Retainage

Depending on the state, retainage often provides an owner a security interest in unpaid funds to help cover completion costs or other damages that may later occur by withholding a certain portion (typically 5-10%) of contract...more

Bradley Arant Boult Cummings LLP

Prime Contractor Beware, No. 3: Tis The Season, but is your Retainage safe under the Tree?

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

Woods Rogers

Virginia’s New Construction Payment Terms (Part 1)

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(Part one of a two-part article series) Confused about “pay-when-paid”, “pay-if-paid” clauses and the requirements of Virginia’s Prompt Payment Act on Virginia construction contracts? A new law intending to change the...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights: Issue 2, 2022

What Does Biden's Union Mandate Mean for Construction Projects? "President Biden signed an executive order that would require large projects funded by the infrastructure law to use project labor agreements — pre-contract...more

Smith Anderson

Labor or Bust? President Biden Orders Project Labor Agreements for Large Federal Construction Projects

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On February 4, 2022, President Biden issued Executive Order 14063 ("EO") requiring the use of project labor agreements for large federal construction projects. The EO requires that a contractor or subcontractor proposing to...more

Benesch

Biden Administration Requires Labor Agreements for Federal Construction Projects

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On February 4, 2022, President Joe Biden signed an Executive Order (“EO”) requiring project labor agreements (each a “PLA”) with unions on all federal construction projects valued at $35 million or more (defined in the EO as...more

PilieroMazza PLLC

Building Compliance: Construction Industry Concerns Under FCA

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The Department of Justice (DOJ) has settled and obtained judgments in excess of $2.8 billion for false claims against the government last year. Over $2.1 billion of these cases arose from lawsuits filed under the qui...more

Cohen Seglias Pallas Greenhall & Furman PC

[Event] Protecting Your Rights on Federal Construction Projects Breakfast Seminar- May 23rd - Honolulu, HI

Contracting with the federal government on construction projects involves challenges and risks for even the most experienced contractors. In this seminar, federal construction contracting attorneys Michael Payne and Bob...more

Sheppard Mullin Richter & Hampton LLP

Avoiding Disaster Due to Improper Licensing

IT’S NOT ENOUGH FOR A CONTRACTOR TO BE LICENSED . . . it must be properly licensed. We are reminded of this by the recent case of JMS Air Conditioning and Appliance Service, Inc. v. Santa Monica Community College District,...more

Saul Ewing LLP

Would Broader use of P3s Benefit Subcontractors?

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Public Private Partnerships or, as they are commonly known, P3s or PPPs, are a method of involving private parties in some or all of the financing, design, construction and operation of traditionally public building or...more

Troutman Pepper

Federal Court in Pennsylvania Holds Pay-If-Paid Clause Unenforceable Where Prime Contractor’s Inadvertent Delays Contribute to the...

Troutman Pepper on

Connelly Constr. Corp. v. Travelers Cas. & Surety Co. of Am., 2018 U.S. Dist. LEXIS 123009 (E.D. Pa. July 24, 2018). The Commonwealth of Pennsylvania Department of General Services undertook a project for the construction...more

Saul Ewing LLP

Is Illinois Ready for Retainage Reform?

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Illinois is considering joining the growing ranks of states that restrict retainage withheld on private or public construction projects. Illinois Senate Bill 3052, invalidating contract clauses calling for retainage in...more

Robinson & Cole LLP

Federal Court Determines that General Contractor’s Unreasonable Exercise of its Broad Discretion over Scheduling and Sequencing of...

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In a recent decision, Elec. Contractors, Inc. v. Fid. & Deposit Co. of Maryland, No. 3:13-CV-00514 MPS, 2015 WL 1444481 (D. Conn. Mar. 30, 2015), the United States District Court for the District of Connecticut dismissed on...more

Jaburg Wilk

Critical Change for Serving Preliminary 20-Day Notices for Arizona Public Projects

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Cemex v. Falcone Bros. On April 30, 2015, Arizona’s most common construction industry practice for serving a Preliminary Twenty Day Notice (“Prelim”) on an Arizona public project — first class mail with certificate of...more

Nossaman LLP

New Notice, Registration and Reporting Requirements for California Public Works Projects

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- Effective July 1, 2014, (or a later date if DIR's online registration system was not in place on that date) contractors and subcontractors working on "public works" projects were required to register with the California...more

Baker Donelson

Reminder - Maryland's Prevailing Wage Law for Elementary and Secondary School Construction Projects is in Effect

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Maryland's new prevailing wage law for elementary and secondary school construction projects (HB 727/SB 232 from the 2014 General Assembly session) is in effect. This law requires all such construction projects costing more...more

Saul Ewing LLP

Construction Law Advisory - December 2014

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In This Issue: - Retainage limited to 5 percent in Massachusetts: Outlier or coming to your state? - Pennsylvania overhauls mechanic’s lien law with creation of state construction notices directory -...more

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