Amidst the flurry of tariff threats swirling around the world, the Federal Highway Administration (FHWA) is terminating the waiver known as the Manufactured Products General Waiver from the Buy America requirements found in 23…
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/ Administrative Law, Construction Law, Government Contracting, Transportation
In Iberdrola Energy Projects v. Oaktree Capital Management L.P., 231 A.D.3d 33, 216 N.Y.S.3d 124, the Appellate Division for the First Department ruled that a nonrecourse provision in a contract barred a plaintiff’s causes of…
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/ Alternative Dispute Resolution (ADR), Antitrust & Trade Regulation, Business Organizations, Commercial Law & Contracts
Executive Order Directing Deregulation and Termination of Certain Regulatory Enforcement Actions -
On February 19, 2025, in an executive order titled Ensuring Lawful Governance and Implementing the President’s “Department of…
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/ Administrative Law, Constitutional Law, Construction Law, Finance & Banking
Many out-of-state professional engineering companies practice engineering in Connecticut and may not be aware of all the requirements to do so. Connecticut has certain requirements for corporations and limited liability…
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/ Business Organizations, Construction Law
Executive Order Adjusting Imports of Aluminum into The United States -
On February 11, 2025, in an executive order titled Adjusting Imports of Aluminum into the United States, President Trump increased, from 10% to 25%, the…
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/ Antitrust & Trade Regulation, Construction Law, International Law & Trade
In Admiral Insurance Co. v. Tocci Building Corp., 120 F.4th 933 (1st Cir. 2024), the federal Court of Appeals ruled that, under current Massachusetts law, a general contractor’s Commercial General Liability (CGL) policy does not…
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/ Commercial Law & Contracts, Construction Law, Insurance
New York law generally enforces a contractual suit limitation that specifies a “reasonable” period of time (usually shorter than the applicable statute of limitations) within which an action must be commenced. The contractual…
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/ Civil Procedure, Commercial Law & Contracts, Insurance
In a case of first impression in Massachusetts, Lessard v. R.C. Havens & Sons, Inc., 104 Mass. App. Ct. 572 (2024), the Appellate Court confirmed that construction defects, without more, do not constitute property damage within…
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/ Commercial Law & Contracts, Construction Law, Insurance
The construction industry often relies on contract forms drafted by the American Institute of Architects (AIA). These AIA forms include agreements between owners, designers, consultants, contractors, subcontractors, and…
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/ Commercial Law & Contracts, Construction Law
Simply including a requirement in a contract to add certain parties as additional insureds under a commercial general liability insurance (CGL) policy may not be enough to ensure such coverage is provided in New York. In New…
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/ Commercial Law & Contracts, Construction Law, Insurance
The end of the U.S. Department of Transportation’s (USDOT) Disadvantaged Business Enterprise (DBE) program is getting closer. The DBE program presumes women and minority-owned firms are disadvantaged and sets goals for them to…
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/ Commercial Law & Contracts, Constitutional Law, Construction Law, Transportation, Government Contracting
Dispute resolution provisions that grant one party the unilateral right to choose either litigation or arbitration to resolve disputes are common in the construction industry. The main difference between the two forums is that…
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/ Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Construction Law
On August 6, 2024, Massachusetts Governor Maura Healey signed the Affordable Homes Act (the Act) into law. The Act aims to counter the rising cost of housing in the commonwealth by implementing new policies and providing funding…
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/ Construction Law, Real Estate - Residential, Zoning, Planning & Land Use
The state of Rhode Island recently filed a lawsuit against 13 companies that provided design, construction, and inspection services over the past ten years (the extent allowed by the applicable statute of limitations) to the…
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/ Construction Law, Government Contracting, Transportation
N.Y. Labor Law § 241(6) requires owners and contractors to provide reasonable and adequate protection and safety to persons employed at or lawfully frequenting a construction site. If a worker is injured on a construction site…
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/ Construction Law, Labor & Employment Law, Workers' Compensation
