Blowing the Whistle on Public Construction and the False Claims Act
By Bryan Kelley on January 25, 2017 | Best Practices, Government Regulations, Public Procurement
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
By Bryan Kelley on January 11, 2017 | Best Practices, Insurance
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
By Bryan Kelley on November 23, 2016 | Government Regulations
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 | Government Regulations
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 | Best Practices, Government Regulations
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
