EPA “Sue and Settle” Practice Now Limited

The EPA has issued a directive limiting the sue and settle practice. The United States Environmental Protection Agency (EPA) has traditionally allowed suits regarding non-discretionary statutory deadlines brought against the Agency by environmental advocate groups to be settled relatively quickly. The EPA, environmentalists, and both Democrats and Republicans, all claim the practice is abused. An […]

Federal Court Strikes Down the Fair Play and Safe Workplaces Order

This ruling eliminates onerous reporting requirements for contractors The revisions to the Fair Play and Safe Workplaces Rule (FAR), enacted by Executive Order 13673 and the Department of Labor, have been contested by the construction industry since they were promulgated. Contractors have argued that the Order places an unreasonable and unconstitutional reporting burden on construction […]

Indemnification Agreements May Require Defense of Unproven Negligence

The wording of an indemnification clause is important. Indemnification clauses are usually part of construction contracts between owners, and contractors or design professionals. They stipulate that the contractor or design professional will “indemnify” or defend the owner if a legal action for negligence arises on a project. In a recent New Hampshire case, Penta Corporation […]

“Fake President” Fraud Coverage Decisions Leave Contractors in Legal Limbo

Differing district court opinions make it difficult to prepare for email fraud. Large companies with significant cash flows are increasingly the target of criminals who represent, via email, that they are the president of the company requesting that employees send large sums of money to fraudulent accounts. Contractors should take note. James Vorhis, in a […]

AGC to Offer Lean Construction for Executives Session at 2017 Construction SuperConference

Kevin Gaffney, conference director, “This is a great opportunity for executive and leaders in the legal and construction fields to investigate the benefits and revenue opportunities associated with lean construction.” : Read the Full Story » AGC is excited to unite with the Construction SuperConference this year and offer a Lean Construction for Executives Session […]

Opinion—What are the economic benefits of President Trump’s wall?

By Don Wallis The wall could be a boon to the construction industry It remains unclear whether the security barrier along the border between Mexico and the United States should or will be built. President Trump says the project will cost $12 to $15 billion. The Senate Democratic Report has the cost at $70 billion. […]

Contract and On-site Actions Determine Liability for Accidents

The general contractor is held liable despite transfer of responsibility to subcontractors. An Indiana appellate court has ruled that a general contractor that contractually agrees to actively oversee job safety cannot escape liability for on-site injuries by contractually transferring its safety obligations to a subcontractor. The court’s reasoning in Ryan v. TCI Architects/Engineers/Contractors, Inc., 72 […]

Texas Court Overturns Obama’s Overtime Rule

The 2014 DOL rules remain in place One of President Obama’s last acts while in office was to instruct the Department of Labor to revise the Fair Labor Standards Act’s “executive, administrative, and professional (‘EAP’) exemptions.” As an article in the SEYFARTH SHAW blog by Brett C. Bartlett, Alexander J. Passantino and Kevin M. Young […]

Purchasing Materials for a Subcontractor has Risks

Advice on how general contractors can protect their interest in this material All general contractors know it is best not purchase materials for a subcontractor or fabricator. This rule is often overlooked when the inability of a sub to purchase material contained in its contract threatens to hold up progress on a project. Usually a […]

Builders’ Risk Claims and Deadlines Extensions Related to Hurricanes Harvey and Irma

Coverage depends upon the cause of the damage. Two articles by Scott Van Voorhis in discuss the insurance ramifications for contractors with projects affected by hurricanes Harvey and Irma. He addresses two related issues— builders’ risk coverage for property damage and contract deadline extensions. According to Mr. Van Voorhis, “details tucked away in builder’s […]

Women’s Leadership Workshop to be Offered at 2017 Construction SuperConference

Atlanta: Led by dynamic coach and educator Brooke Vuckovic, Ph.D., this complimentary workshop presented by Navigant, Eversheds Sutherland, and Lendlease will help executives in attendance better define their purpose and presence as leaders. KELLY HEUER, Managing Director, Global Construction Practice at Navigant, states, “Attendees of the Women’s Leadership Workshop will learn simple, research-proven methods to enhance […]

Opinion—Contractors, the unsung heroes of disaster relief

By Don Wallis Builders are always among the first to respond and the last to leave when disaster strikes. In the past month hurricanes have ravaged Texas, Florida, and Puerto Rico with unprecedented fury. Wildfires in the Northwest have done the same. Some of the Caribbean islands have suffered devastation that has made them virtually […]

Public Labor Agreements No Longer Required in Missouri

PLAs are no longer required for government projects In Missouri. Public Labor Agreements (PLAs) require contractors working for public entities to adhere to certain labor relation requirements. Traditionally this has meant that contractors must work with organized labor. The Missouri legislature has passed, and the governor has signed Senate Bill No. 182 which ends this […]