Client Alerts & Publications
Waiving Consequential Damages—What Could Go Wrong?
Authors: Curtis W. Martin, Kellie M. Ros,
Published Date: February 21, 2024
This article was written for the ConsensusDocs newsletter and first appeared here. You are inexcusably late with construction of a football stadium, a casino, or similar project that generates large income for the owner. The indirect damages, often referred to as consequential damages, that flow from the delay can be astronomical to the point of breaking your company if it [...] Read More
Texas Statutes Provide Leverage in Unsigned Change Order Work
Authors: Kirstie M. Nix,
Published Date: February 2, 2024
This article was written for the Texas Contractor and first appeared here. It is a common occurrence for a contractor or subcontractor to encounter a situation where they are ordered to perform extra work without a signed change order. There may be the promise of a change order to come, or simply a unilateral change directive. This may or may [...] Read More
U.S. Department of Labor Finalizes Independent Contractor Rule
Authors: Jennifer Harris, Stephen E. Irving,
Published Date: January 18, 2024
On January 10, 2024, the Wage and Hour Division of the U.S. Department of Labor issued its long awaited final rule, Employee or Independent Contractor Classification Under the Fair Labor Standards Act.[1] The rule addresses how to determine whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act and overturns the March 8, [...] Read More
Final Rule Regarding Project Labor Agreement Requirements for Large-Scale Federal Construction Projects
Authors: Aaron C. Schlesinger, Julia Loudenburg
Published Date: January 17, 2024
Beginning on January 22, 2024, in compliance with President Biden’s February 4, 2022 Executive Order, 14603, federal construction projects with a total estimated cost of $35 million are required to utilize a project labor agreement (“PLA”) unless the contracting agency grants an exception. The Federal Register estimates that this rule will impact approximately 119 IDIQ contracts each year; these contracts [...] Read More
New York Revises Retainage Requirements for Private Construction Contracts: Overview of the “5% Retainage Law”
Published Date: January 16, 2024
On November 17, 2023, the State of New York enacted the “5% Retainage Law.” This legislation effectively limits the amount of retainage that can be held from general contractors and subcontractors to no more than 5%. It applies to many but not all construction contracts. In addition, the new law revises late stage billing requirements, enabling contractors to invoice for [...] Read More
