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Presidential Action

White House Changes Guidelines in FCPA Enforcement

Published Date: May 27, 2025

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

Design-Build – An International Perspective on Best Practices for Sustained Design-Build Success

Authors: Leading Construction Lawyers International Alliance

Published Date: May 20, 2025

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

Court Rules That ERISA Preemption Bars Recovery of Union Benefit Fund Payments Pursuant to New York’s Wage Theft Statute From a General Contractor Where a Subcontractor Failed to Fund Payments

Published Date: May 2, 2025

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

Living on The Edge: The Unacknowledged Delay/Acceleration

Published Date: April 21, 2025

This article was written for ConsensusDocs and first appeared here. Picture this: you were the successful bidder on a state highway project. The project is scheduled to take about two years. Notice to proceed was issued six months ago, you have procured equipment and supplies, your subcontractors are lined up, and work is underway. The project is off to a [...] Read More
Presidential Action

Construction Contracts That Mitigate Impacts From Tariffs and Immigration Enforcement

Published Date: April 7, 2025

Tariffs and immigration enforcement are at the forefront of the federal government’s agenda in today’s world, and both can have a substantial impact on a construction contractor’s cost and time to perform its work. However, with proper planning and contract negotiations, contractors can eliminate, or at least, minimize the risk of delays and cost increases driven by tariffs and immigration [...] Read More