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Subcontractors

Dorsey & Whitney LLP

Navigating Tariff Risks in Construction Contracts

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In recent months, changes to tariff laws have had a significant impact on the construction industry. With looming disruptions to global supply chains and material costs rising, there are a number of commercial and legal...more

Littler

Oregon Enacts Landmark Law Making Owners and Contractors Liable for Subcontractor Wage Theft

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On June 9, 2025, Oregon enacted Senate Bill 426, a significant new law aimed at protecting construction workers from wage theft by imposing strict joint and several liability on both property owners and direct contractors for...more

Bradley Arant Boult Cummings LLP

Best Practices for Due Diligence in Government Contractor M&A Transactions

Mergers and acquisitions (M&A) involving government contractors present unique challenges and considerations that require meticulous due diligence. Unlike purely commercial deals, government contracts introduce layers of...more

Pillsbury Winthrop Shaw Pittman LLP

SCOTUS Holds Intent to Cause Economic Harm is Not Required for Wire Fraud, Expanding Liability

The U.S. Supreme Court’s decision in Kousisis et al. v. United States clarifies that criminal federal wire fraud does not require that the defendant intended to cause the victim economic harm....more

Stevens & Lee

Supreme Court Holds That Economic Loss Is Not Required for Wire Fraud

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On May 22, 2025, the Supreme Court of the United States resolved a deep circuit split by holding that “fraudulent inducement” is a valid theory of wire fraud under 18 U.S.C. § 1343. In other words, lying to induce a victim...more

Kerr Russell

Michigan’s Prompt Payment Act

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Like they warned us on Schoolhouse Rock, it is no easy feat for a bill to become enacted into law. Just ask the proposed “Prompt Pay” legislation that currently languishes in Michigan. By way of background, “Prompt Pay”...more

McDermott Will & Emery

No Loss, No Problem: SCOTUS Expands Wire Fraud Reach in Kousisis Ruling

On May 22, 2025, the Supreme Court of the United States (the Court) issued its opinion in Kousisis v. United States, holding that a defendant may be convicted of wire fraud for inducing a victim to enter a contract under...more

Troutman Pepper Locke

Will DBE Fraud Continue to Be Prosecuted? The Impact of the Kousisis Decision in the Shifting Affirmative Action Landscape

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On May 22, the Supreme Court in Kousisis, et al., v. United States, affirmed the convictions of a painting subcontractor and its owner (defendants) under the federal wire fraud statute for conspiring to defraud the Department...more

Perkins Coie

US Supreme Court Adopts Expansive “Fraudulent Inducement” Theory of Wire and Mail Fraud

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As we previously reported, last month, the Supreme Court of the United States in Kousisis v. United States roundly endorsed the expansive “fraudulent inducement” theory of federal wire and mail fraud. Resolving a circuit...more

Hinckley Allen

Changes to the Timing for Prompt Payment on All Connecticut State Contracts are Coming – Be Prepared

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Connecticut’s prompt payment requirements for state contracts are about to change. The Connecticut General Assembly approved the new state budget bill (House Bill 7287), which includes a significant change to Connecticut’s...more

Schwabe, Williamson & Wyatt PC

Kousisis v. United States: Supreme Court Clarifies Wire Fraud Rules

On May 22, 2025, the United States Supreme Court released its opinion in Kousisis v. United States. The Kousisis opinion resolved a split of the federal circuits by finding that proof of economic loss by the government is not...more

Bradley Arant Boult Cummings LLP

Government Contracts White-Collar Alert: Supreme Court Clarifies Wire Fraud Statute

The U.S. Supreme Court recently delivered a significant ruling in Stamatios Kousisis, et al. v. United States, affirming that a defendant can be convicted of federal fraud for inducing a transaction through materially false...more

Holland & Hart LLP

A Defense Contractor's Guide to CMMC, DFARS, and FAR Requirements

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Cyber-attacks against America’s defense industrial base are becoming more sophisticated and more frequent. To reduce the risk of sensitive national security information landing in the hands of bad actors, the Department of...more

Foley Hoag LLP - White Collar Law &...

Federal Fraud: No Harm, No Foul? Supreme Court Says “Not So”

On May 22, 2025, the Supreme Court issued a unanimous decision broadening applicability of the federal wire fraud statute. In Kousisis v. United States, the Court held that a defendant may be convicted of wire fraud for...more

WilmerHale

Supreme Court Rejects Economic-Loss Requirement for Wire Fraud but Underscores Materiality as a Limiting Element of Federal Fraud...

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On May 22, 2025, the Supreme Court unanimously declined to limit federal wire fraud to cases involving economic loss to the victim, upholding convictions of two government contractors who obtained contracts from a state...more

Cole Schotz

Federal Court Limits a General Contractor’s Liability For Its Subcontractor’s Unpaid Union Benefit Contributions Under New York’s...

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On January 4, 2022, Labor Law §198-e – known as New York’s Wage Theft Law – went into effect. The Wage Theft Law, which applies to private construction projects, makes the prime/general contractor responsible for unpaid wages...more

Bradley Arant Boult Cummings LLP

Whose Terms Govern? An Introduction to the Battle of the Forms

For construction lawyers, the Battle of the Forms presents a familiar fact pattern. A material supplier/seller provides a potential buyer with a price quote along with its standard terms. The buyer, usually a contractor or...more

PilieroMazza PLLC

Market Research Slimmed Down: How the FAR Part 10 Overhaul Impacts Government Contractors

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The FAR Council’s “Revolutionary FAR Overhaul” has streamlined FAR Part 10, shifting from a prescriptive, statute-heavy approach to a leaner set of minimum requirements. While this promises faster procurements and greater...more

Seyfarth Shaw LLP

50 State Lien Law Notice Requirements (UPDATED)

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This quick reference describes general time requirements for filing lien notices in each state, plus Washington, DC. Seyfarth’s Construction team prepared the survey for use primarily by commercial contractors and real estate...more

Herbert Smith Freehills Kramer

Supreme Court Affirms Fraudulent Inducement Theory in Federal Wire Fraud Prosecutions

In Kousisis v. United States, 605 U.S. ___ (2025), the Supreme Court resolved a Circuit split addressing the scope of the federal wire fraud statute, 18 U.S.C. § 1343. Without dissent, the Court held that the government did...more

Gordon Rees Scully Mansukhani

May 2025 Government Contracts Legal Update and Podcast

Gordon Rees Scully Mansukhani presents the latest insights from our Government Contracts group, offering a comprehensive overview of recent significant decisions, regulatory changes, and essential updates for businesses...more

Porter Hedges LLP

Construction Law Update from the 89th Texas Legislature Regular Session

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The Texas Legislature is currently in session and is scheduled to adjourn on June 2, 2025. Porter Hedges is actively monitoring any legislation that influences Texas construction law and impacts construction projects,...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

No Harm, Still Foul: Supreme Court Affirms Expansive Reach of Wire Fraud Statute in Kousisis

In a recent decision upholding the expansive reach of the federal wire fraud statute (18 U.S.C. §1343), the U.S. Supreme Court ruled in Kousisis v. United States, No. 23-909 (May 22, 2025) that a defendant can be convicted of...more

Baker Donelson

Supreme Court Endorses "Fraudulent Inducement Theory": How the Kousisis v. United States Ruling Widens the Road for Fraud...

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If a defendant uses material misrepresentations to induce a party to enter a contract, but does not economically harm the induced party, has the defendant committed fraud? The Supreme Court has decided: Yes. On May 22, 2025,...more

Clark Hill PLC

Michigan Prevailing Wage Act: New registration and certification requirements for private energy and state funded projects

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As discussed in our most recent installment, on July 23, 2024, Senate Bill 571 (the “Amendment”) was signed into law, adding certain private energy facility projects to the purview of the Michigan Prevailing Wage Act which...more

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