On December 23, 2021, President Biden signed into law H.R. 6256, known as the Uyghur Forced Labor Prevention Act. The act is intended to stem the importation of goods made with forced labor from the Xinjiang Uyghur Autonomous Region of the People’s Republic of China (the “Xinjiang Region”) into the United States. The act
Miller Act Suit Stayed until CDA Remedies Exhausted
A federal district court in Washington recently rejected a subcontractor’s motion for reconsideration of a previously granted motion to stay in a Miller Act lawsuit (the Miller Act governs prime contractor bond requirements on federal projects and sets forth remedies against the bond for subcontractors, vendors, and suppliers on such projects). In United States of
Infrastructure Bill Appropriates Funds to Disadvantaged Business Enterprises
H.R. 3864, the Infrastructure Investment and Jobs Act or Bipartisan Infrastructure Bill (BIB), passed a vote by the U.S. House of Representatives on November 5, 2021, and will soon become law upon signing by President Biden. Certain provisions of the Surface Transportation division (Division A) of the BIB will be of particular interest to Disadvantaged
National Construction Safety Week: Preventing Accidents on the Jobsite
Even as the construction industry continues its recovery from the impact of the COVID-19 pandemic, it also continues to focus on worker safety. Consistent with this focus, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) scheduled the eighth annual “National Safety Stand-Down to Prevent Falls in Construction” event for May 3-7, 2021.
Contractor Loses Effort to Bind Remote Home Purchaser to Arbitration Clause
On December 8, 2020, in Taylor Morrison of Texas, Inc. v. Kohlmeyer, a Texas Court of Appeals rejected a contractor’s appeal of a trial court order denying the contractor’s motion to compel arbitration in a home construction defect dispute. The appellate court concluded that the theories of direct benefits estoppel and implied assumptions did
Non-compliance with Change Order Requirements Dooms Differing Site Conditions Claim
On November 6, 2020, the Kentucky Court of Appeals affirmed a trial court’s decision dismissing a contractor’s differing site conditions claim on a sewer replacement project. In TSI Construction, Inc. v. Louisville and Jefferson County Metropolitan Sewer District, the appellate court concluded that the contractor’s failure to comply with contractual provisions necessary to preserve its
Kentucky Fried Claim: Contractor Preserves Immunity from Suit by Complying with Government Contract Specifications
Recently, in Cross v. L-M Asphalt Partners, Ltd., the Kentucky Court of Appeals upheld a contractor’s immunity from suit for negligence, where the contractor complied with the contract and construction specifications provided by the Kentucky Transportation Cabinet Divisions of Construction Procurement (KYTC). The case arose from a collision between a motorcycle and a car
Federal Prompt Pay Act Does Not Afford Subcontractors Right to Sue General Contractor
On October 15, 2020, in EMTA Insaat Taahhut ve Ticaret A.S. v. Cosmopolitan Incorporated, a federal district court held that the federal Prompt Pay Act (PPA) (31 U.S.C. §§ 3901, et al.) does not create a private right of action for a subcontractor against a general contractor. The dispute arose from a project for
Suing a Design Professional in Texas? Make Sure to Include a Certificate of Merit in Your Pleading
On August 4, 2020, the Court of Appeals of Texas (First District) reversed a trial court’s denial of an engineering firm’s motion to dismiss finding that the plaintiff’s failure to attach the required certificate of merit affidavit to its petition against the engineering firm required dismissal of the petition under the plain language of Tex.
Minnesota Automatic-Approval Rule Secures CUP and Saves Solar Project
One of the challenges of renewable energy development is managing the permitting process. Understanding how to navigate state and local laws can be integral to a developer’s permitting success, especially where a community may be hostile to the prospective power project. The Court of Appeals of Minnesota underlined this point in its recent decision in