The Beginning of the End for Davis-Bacon?
On January 24, 2017, U.S. Senator Jeff Flake (R-AZ) introduced a bill that may signal the beginning of the end for Davis-Bacon prevailing wage provisions. The Davis-Bacon Act, applicable on federal infrastructure projects, was passed during the depression as a stopgap measure to ensure that workers on qualifying federal government projects were paid wages that… Read more
Blowing the Whistle on Public Construction and the False Claims Act
Contractors hoping to take advantage of incoming infrastructure spending should implement False Claims Act protections now. While promises made during a presidential campaign can’t always be taken to the bank, the construction industry is nonetheless preparing for a rise in federally-funded projects based on the Trump campaign’s promise of increased infrastructure spending. Contractors taking on this work… Read more
Construction Defect Limitations Periods and the Duration of Your Risk in the Carolinas
Contractors often understandably assume that the end of a contractual warranty period marks the end of their potential liability on a project. Unfortunately, while a warranty can effectively limit obligations to make certain repairs, liability for defective construction does not end with the warranty. Instead, the duration of risk is primarily determined by two types of laws: statutes of… Read more
Federal court blocks incoming overtime expansion rule
In a prior blog post, we explored changes to overtime pay rules for hourly workers that were set to take effect on December 1, 2016. Yesterday, a federal judge in the Eastern District of Texas issued a nationwide preliminary injunction blocking implementation of the rule. The Department of Labor promptly issued a statement expressing their displeasure… Read more
The Surety Has Tendered its Defense — Now What?
This is a question we sometimes get from contractors who are either on the receiving end of a payment bond claim for the first time or have deeper concerns about their current bonding relationship. An important first step is to review the fundamental difference between insurance policies (which provide coverage against the risk of defined… Read more