This article was written for the ConsensusDocs newsletter and first appeared here. Design‐build has continued its steady ascent in both the private and public spheres, revolutionizing how stakeholders approach construction projects. By melding design and construction responsibilities into a single point of responsibility, design‐build can streamline project delivery and reduce administrative inefficiencies. Yet, this consolidated approach does not immunize participants from [...] Read More

Last December, President Biden signed into law the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (“NDAA”). Within the NDAA is the Administrative False Claims Act (“AFCA”), which replaces the seldom used Program Fraud Civil Remedies Act of 1986 (the “PFCRA”). The PFCRA allowed government agencies to initiate administrative proceedings on claims up to [...] Read More

On February 10, 2025, President Trump signed an Executive Order pausing enforcement of the Foreign Corrupt Practices Act (“FCPA”), with the stated purpose of “Further[ing] American Economic and National Security.” President Trump has indicated that he wants the FCPA to be applied to transnational criminal organizations and cartels. On February 5, 2025, in anticipation of the Executive Order, Attorney General [...] Read More

P&A is a founding member of Leading Construction Lawyers International Alliance (LCL), which is pleased to announce the release of "Design-Build: An International Perspective on Best Practices for Sustained Design-Build Success." This insightful publication, potentially the first of its kind in our field, represents a significant milestone offering a comprehensive look at design-build practices from a global perspective. It draws [...] Read More

Summary In 2022 the State of New York passed a Wage Theft statute[1] that includes authorizing suits against contractors to recover the unpaid employee wages and benefits of their subcontractors. In 2023 a union benefit fund sued a general contractor under the Wage Theft statute in New York State, seeking payment of nearly three million dollars resulting from the subcontractor’s failure [...] Read More