Government Regulations Category
Changes to Contractor Licensing Laws for 2018
By Frank Elmore on October 4, 2018
The last legislative session in South Carolina saw a change in South Carolina’s contractor licensing laws. South Carolina has five different general contractor licensing groups. Each license group is determinative of the dollar value of work that a general contractor could perform and each with its own net worth requirement ranging from $10,000 to $250,000…. Read more
SCDOT’s New Prompt Payment Requirements Begin July 1
By Frank Elmore on May 2, 2017
As of July 1, 2017, the South Carolina Department of Transportation (“SCDOT”) will impose new prompt payment requirements on its contractors. The New Requirements The new Prompt Payment Clause, which can be found in its entirety here, will require the following: The Contractor will pay its subcontractors within 7 calendar days of receiving payment from… Read more
The Beginning of the End for Davis-Bacon?
By Kim Wooten on January 31, 2017
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
By Bryan Kelley on January 25, 2017
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
Federal court blocks incoming overtime expansion rule
By Bryan Kelley on November 23, 2016
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
Statutory Changes to General/Mechanical Contractor License Groups
By Leslie Sullivan on October 7, 2016
South Carolina General and Mechanical licenses are classified into five respective groups. Each group defines the contractor’s financial limitations for bidding and performing general or mechanical construction. Effective June 3, 2016, the South Carolina Legislature has enacted changes to the financial limitations and net worth requirements for each license group. A summary of the changes… Read more
It’s a Good Time to Review Your FLSA Preparations
By Andy Goldsmith, Jr. on September 26, 2016
Virtually every construction payroll is governed by the Fair Labor Standards Act (the “FLSA”) and has been since 1938. The FLSA governs payment of a minimum wage, overtime pay for time worked over 40 hours in a workweek, restrictions on the employment of children, and recordkeeping. This Act has been amended on many occasions and new… Read more
The Ins and Outs of Construction Licensure
By Leslie Sullivan on July 21, 2016
Contractor licensing requirements vary widely from state to state and are very state specific. In some states you have to obtain a contractor’s license before you start work. In other states, such as South Carolina, you have to obtain a license prior to offering to do work, otherwise it is a violation of the licensing… Read more
Supreme Court decisions could have major impacts for construction industry
By Bryan Kelley on July 6, 2016
Two recent decisions from the United States Supreme Court could have major implications for the construction industry. In United States v. Texas, a divided 4-4 vote resulted in the Court’s issuance of a one-sentence opinion, in which the Court affirmed a lower court ruling that blocked an executive order which would have allowed millions of undocumented immigrants to remain in… Read more
OSHA electronic injury reporting rule incoming
By Bryan Kelley on May 12, 2016
Construction Dive has an interesting article up this morning regarding the Occupational Safety and Health Administration’s new rule regarding the electronic transmission of injury and illness data for all construction industry employees with 20 employees or more. The rule goes into effect on August 10, 2016, and the data reported will be made available to… Read more