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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
Presidential Action

[Update] Navigating the Executive Order Ending Affirmative Action and DEI for Federal Contractors: Essential Steps for Compliance

Published Date: April 3, 2025

This article was written for ConsensusDocs and is an update to our original Client Alert dated February 19, 2025. Overview of Executive Order 14173 Federal contractors, subcontractors and grantees have until April 21, 2025, to comply with President Trump’s Executive Order (“EO”) 14173 entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” This Order introduces significant changes for federal contractors and [...] Read More

Best Practice Guidelines for the Use of Artificial Intelligence by Dispute Boards

Authors: Denis Serkin,

Published Date: March 31, 2025

These guidelines was written for The Dispute Resolution Board Foundation and first appeared here. Introduction The use of Artificial Intelligence (AI) is nothing new. Back in 1950, Alan Turing posed the question: “‘Can machines think?” (1) Fast forward to 2024 and AI is everywhere. It is not the future; it is the here and now. The use of AI, now [...] Read More