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Subcontractors New Legislation

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 9, September 2024

Welcome to our ninth issue of 2024 for our construction industry insights e-newsletter - The Site Report. Building Code Legislation Becomes Law - Why this is important: Senate Bill 166, 2024 Building Code Regulatory...more

Spilman Thomas & Battle, PLLC

Highlights from North Carolina’s 43rd State Construction Conference

On March 7, 2024, approximately 1,200 members of the construction industry participated in NC’s 43rd State Construction Conference in Raleigh, North Carolina. In case you missed the Conference, Spilman attorneys Stephanie...more

Porter Hedges LLP

New Texas Legislation that Restricts Owner-Directed Change Order Rights Takes Effect September 1, 2023

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The Texas legislature has passed House Bill 3485 that may limit owner-directed change orders for owner-directed work. The law takes effect September 1, 2023 for contracts entered into on or after September 1, 2023. The...more

Miller Nash LLP

[Webinar] Retainage, Back Charges, and Withholdings—Law and Best Practices in Oregon & Washington - October 24th, 9:00 am - 10:30...

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No matter your tier in the construction contracting chain, understanding the nuanced rules and procedures about retainage, back charges, and other payment withholdings is critical to managing cash flow and protecting your...more

Bradley Arant Boult Cummings LLP

So Now There’s a TikTok Ban for Government Contractors

On June 2, 2023, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council issued an interim rule to implement a new statutory requirement that, in short, bans the TikTok app from devices used in...more

Lippes Mathias LLP

Increasing Government Scrutiny Requires Robust MWBE Compliance Programs to Avoid Criminal, Civil Investigations

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New York’s state contracts boast some of the most ambitious diversity goals in the nation, and are well recognized for their frequent utilization of Minority and/or Women-owned Business Enterprises, known as MWBEs, with a set...more

Bowditch & Dewey

Connecticut Private Employer Law Update

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The 2022 Regular Session of the Connecticut General Assembly produced several laws governing the private employment sector. This article summarizes the major points of those laws....more

Venable LLP

Even Federal Contractors and Subcontractors Should Pay Heed to State Law on Conditional Payment Clauses

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​​​​​​​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

PilieroMazza PLLC

House Passes Bill Increasing Importance of Subcontracting Plan Performance as an Evaluation Factor

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On June 8, 2022, the U.S. House of Representatives passed a bill, referred to as H.R. 7694, “Strengthening Subcontracting for Small Businesses Act of 2022” (the Bill). The Bill seeks to amend the Small Business Act by...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Illinois Governor Signs Bills Expanding Contractors’ Liability for Unpaid Wages of Subcontractors’ Workers

On June 10, 2022, Illinois Governor JB Pritzker signed House Bill 5412 and its trailer bill, House Bill 4600, into law. Both bills amend the Illinois Wage Payment and Collection Act (WPCA) to make certain primary contractors...more

Buchalter

Virginia Joins 11 Other States Prohibiting Pay-If-Paid Clauses in Construction Contracts

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Virginia has joined 11 other states that have expressly prohibited “pay if paid” clauses in construction contracts. If you have construction projects in Virginia, then read on. If you want know whether your state prohibits...more

Bradley Arant Boult Cummings LLP

Virginia Is for Lovers… of Strict Contract Language: New Law Prohibits Pay-if-Paid Clauses in Construction Contracts

Virginia has joined the growing number of states that prohibit “pay-if-paid” clauses. The new law, known as Virginia Senate Bill 550, amends Virginia’s Prompt Payment Act (Va. Code § 2.2-4354) and its relatively new (July 1,...more

Miles Mediation & Arbitration

Will General Contractors or Subcontractors Get Hammered by New State Legislation?

There has been a growing trend of states enacting legislation making general contractors jointly and severally liable for the wages, benefits and supplements owed by project subcontractors to that subcontractor’s workers. ...more

Williams Mullen

New Virginia Prompt Payment Statutes Invalidate Most 'Pay When Paid' Clauses

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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

Levenfeld Pearlstein, LLC

New Legislation Benefiting 100% ESOP-Owned Defense Contractors

For over 20 years, Congress has provided powerful incentives for S corporations to sponsor employee stock ownership plans (“ESOPs”) through the tax code provisions that exempt all of the income of a 100% ESOP-owned S...more

Bradley Arant Boult Cummings LLP

Labor and Employment Law: What’s New in 2022

Although the first of January is ultimately just another day in the grand scheme of things, many of us attach a special significance to it. It is a day where we symbolically leave our problems behind and press forward to see...more

Littler

New York’s General Contractors are Jointly Liable for Construction Worker Wages

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Last month, New York Governor Kathy Hochul signed legislation, S.2766C/A.3350A, that automatically makes general contractors jointly and severally liable for wages, benefits, or wage supplements owed by subcontractors to...more

Proskauer - Law and the Workplace

New York Legislates Joint Wage Liability for Construction Industry Contractors

On September 6, 2021, New York Governor Kathy Hochul signed into law New York Senate Bill S2766, which makes contractors in the construction industry jointly and severally liable for wages owed to employees of its...more

Schwabe, Williamson & Wyatt PC

Does Oregon's Emergency Time Extensions During the COVID-19 Pandemic Give Contractors, Suppliers, and Design Professionals More...

In response to the ongoing delays and uncertainty caused by the COVID-19 pandemic, Governor Brown signed House Bill 4212 into law in June 2020. The law contains a number of remedial measures affecting the functioning of local...more

Sheppard Mullin Richter & Hampton LLP

IoT Legislation Passes Congress

Legislation directing the National Institute of Standards and technology (“NIST”) to create standards and guidelines for securing Internet of Things (“IoT”) devices used by Federal agencies and their contractors recently...more

Tucker Arensberg, P.C.

CASPA and COVID-19 – Withholding Payments for Contracting Work

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The Pennsylvania Contractor and Subcontractor Payment Act 73 P.S. § 501, et seq. (“CASPA”) was enacted to protect the right to payment of contractors and subcontractors who perform improvements on real property. CASPA...more

Butler Snow LLP

Tennessee Construction Legislative Updates

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The Tennessee legislature recently passed the Construction Industry Payment Protection Act (“CIPPA”), SB2681/HB2706, which offers significant changes to the Tennessee construction industry. Not only does the act amend...more

Perkins Coie

Compliance Burdens Grow With Rule Barring Government Contractors’ Use of Telecommunications Equipment or Services From Certain...

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The U.S. government has issued a long-awaited rule implementing legislation to prevent federal agencies from contracting with entities that use telecommunications equipment or services produced or provided by Huawei...more

Miles & Stockbridge P.C.

New Virginia Construction Statute: General Contractors Can Be Liable to Pay Subcontractor’s Employee Wages

Last month, Virginia’s General Assembly enacted a new law that makes contractors on large construction projects liable for unpaid wages owed to their subcontractors’ employees. Senate Bill 838, codified at Virginia Code §...more

Stinson - Government Contracting Matters

Small Business Runway Act Regulation Goes Into Effect – You May Have a Choice in How to Calculate Your Size

Being a small business can have its advantages. Federal procurement rules provide that certain contracting opportunities may be set-aside for small business competition. Small businesses also may be exempt from certain...more

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