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Sovereign Immunity Waivers for Contractors

Published Date: February 15, 2023

This article was written for the Texas Contractor and first appeared here. When it comes to the laws and regulations surrounding construction, all states differ to a certain extent. For contractors in Texas, an important difference is Sovereign Immunity. This means that in Texas – Governmental entities may be immune from claims, suits, or damages arising from a contract. The law [...] Read More

Update Regarding New York’s New Registration Requirement for Contractors and Subcontractors Performing Public Works and Covered Private Projects

Published Date: January 30, 2023

Some significant changes are being made by chapter amendments (S.838 and A.984) to Section 220-i of New York’s Labor Law. Contractors and subcontractors bidding on public contracts and performing work on covered private projects will have two years (by December 30, 2024) to register with the Department of Labor, Bureau of Public Works, rather than one year.   The amendments also [...] Read More

New Certification Requirements for Veteran-Owned Small Business Concerns and Service-Disabled Veteran-Owned Small Business Concerns Seeking Public Procurement Contracts

Authors: Jennifer L. Harris, Timothy D. Matheny, Abby Bello Salinas, Jennifer Harris, Timothy D. Matheny, Abby Bello Salinas

Published Date: January 26, 2023

Effective January 1, 2023, Veteran-Owned Small Business Concerns (VOSBs) and Service-Disabled Veteran-Owned Small Business Concerns (SDVOSBs) will be required to obtain Small Business Administration (SBA) certification to participate in any federal government agency VOSB or SDVOSB sole source or set-aside prime contracts. This change originated from a Final Rule (87 FR 73400) published by the SBA on November 29, 2022. [...] Read More

Prompt Payment Required by the Texas Law on Private Projects

Published Date: January 15, 2023

This article was written for the Texas Contractor and first appeared here. Payment for work performed is important to every contractor at every tier. Receiving payment in a timely manner is equally important. Texas law recognizes this and provides contractors a remedy for untimely payment in the form of interest and the right to suspend performance. The Prompt Pay Act in [...] Read More

The Enforceability of “Pay-If-Paid” Provisions Affirmed in New Jersey

Published Date: December 20, 2022

On December 7, 2022, the Appellate Division affirmed the New Jersey Superior Court decision in Jersey Precast v. Tricon Enterprises, Inc. et al., finding that the “pay-if-paid” clause in a material supplier’s purchase order with a general contractor was binding and enforceable.  While clauses conditioning a general contractor’s obligation to pay its subcontractors on the general contractor’s receipt of payment [...] Read More