Flow-Down Clauses in Federal Government Contracts - Tutorial 1 (Fundamentals)
Joint Venture Basics for Large and Small Contractors
Government Contractors: Preparing for OFCCP’s Affirmative Action Program Compliance Certification
Construction Webinar Series: Building Compliance: Construction Industry Concerns Under FCA
The Benefits of Commercial Item Contracting
Nonpayment of Subcontractors: Can Subcontractors Get Any Help From the Government?
Negotiating Subcontracts From Both Sides
On Monday, June 24, 2024, a federal judge for the US District Court for the Northern District of Texas (the Court) instituted a nationwide injunction on the enforcement of portions of the US Department of Labor’s (DOL) 2023...more
When hackers gain access to a subcontractor’s information systems and divert the prime contractor’s payment to themselves instead of to the subcontractor, does the prime contractor still have to pay the subcontractor?...more
In the second installment of our three-part webinar series, join PilieroMazza’s Matt Feinberg, Jessica duHoffmann, and Sarah Nash as they explore common FCA triggers often encountered by federal construction contractors and...more
For the first time in almost 40 years, the U.S. Department of Labor (“DOL”) has finalized comprehensive changes to regulations covering the Davis-Bacon Act (“DBA”) and 70 “DBA Related Acts,” federal wage regulations that...more
When prime contractors and subcontractors do business together, success is reliant upon clear, effective communication. And that communication starts with the contract. Both parties must be aware of their responsibilities and...more
Here’s the Scenario: Try explaining the concept of “retainage” to a businessperson unfamiliar with the construction industry at your next holiday party. Here’s the typical response as she spits out her eggnog: “Wait a minute:...more
With both the Infrastructure Act and the Inflation Reduction Act bringing billions of dollars in new funding to state and local infrastructure projects, the contracting community is focusing its attention on DOT’s...more
The Virginia legislature recently took a broad step toward limiting the use of certain common clauses in construction subcontracts. This new legislation, effective January 1, 2023, amends the state's Prompt Payment Act...more
How Law Limiting Arbitration Agreements for Sexual Assault, Harassment Claims Affects Construction- In an industry often targeted by anti-discrimination agencies, construction industry employers need to be aware of a new...more
The scope for liability related to employee wage claims has changed dramatically for contractors and subcontractors operating in New York under a new law that shifts wage payment obligations to prime contractors....more
On April 27, 2022, the Virginia General Assembly passed Senate Bill 550, which makes “pay when paid” and “pay if paid” clauses unenforceable in most circumstances and requires both public and private construction contracts to...more
Generally, the government has immunity from being sued with some exceptions grounded in statute or case law. Having a contract with the federal government is one such exception, and an interrelated exception falls under the...more
New York’s new wage theft law – expected to have a major impact on the construction industry state-wide – goes into effect on January 4, 2022 and will apply to contracts executed, modified, extended, or renewed from that date...more
The Department of Justice settled and obtained judgments in excess of $2.2 billion for false claims against the government last year. And the False Claims Act (FCA) remains an effective enforcement tool about which federal...more
The British Columbia Supreme Court in MRC Total Build Ltd. v F&M Installations Ltd., 2019 BCSC 765 [MRC Total Build] recently considered an application by a general contractor to stay proceedings commenced by a subcontractor...more
In a case of first impression, Maryland’s intermediate appellate court recently held that a subrogation waiver in an owner’s prime contractor contract does not bar a subcontractor claim for contribution against the prime...more
Connelly Constr. Corp. v. Travelers Cas. & Surety Co. of Am., 2018 U.S. Dist. LEXIS 123009 (E.D. Pa. July 24, 2018). The Commonwealth of Pennsylvania Department of General Services undertook a project for the construction...more
Cohen Seglias, Jennifer Schaus & Associates, and Virginia PTAP invite you to join us for an informative half-day program designed for federal construction prime and subcontractors. ...more
Pinnacle Crushing & Constr. LLC v. Hartford Fire Ins. Co., 2018 U.S. Dist. LEXIS 67965 (W.D. Wa. Apr. 23, 2018) - The Army Corps of Engineers (the “Corps”), as owner, and Cherokee General Corporation (“CGC”), as prime...more
New York High Court Finds No Additional Insured Coverage In Absence of Contractual Privity With Named Insured - It is a common practice in the insurance industry for a project owner to require the general contractor to...more
Although subcontractors lack privity of contract with the government customer and subcontract disputes generally are governed by local law, subcontractors do have some legal leverage to help them get paid....more
On September 13, 2017 the California Legislature passed Assembly Bill No. 1701, which requires the General Contractor of a private construction project to pay all unpaid wages and fringe benefits owed to an employee of a...more
California is imposing greater responsibilities on prime contractors for nonpayment of wages and benefits by their subcontractors. On October 14, Governor Jerry Brown signed into law Assembly Bill 1701 (Thurmond), adding...more
Parties structuring transactions or business relationships often attempt to shift risk to their counter-party by having such party included as an additional insured on the counter-party’s insurance policies. In the real...more