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Understanding the Limits of Attorney-Client Privilege

Published Date: March 1, 2024

This article was written for the Texas Contractor and first appeared here. Most of us have a rough understanding of the attorney-client privilege. But did you know how easily you could lose that privilege? Or that some communications with your attorney may not be privileged at all? The attorney-client privilege works to keep written and oral communications between an attorney [...] Read More

Waiving Consequential Damages—What Could Go Wrong?

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

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

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