In early October, California’s governor signed into law Senate Bill 38, which amends Section 761.3 of the California Public Utilities Code to address safety concerns with the booming battery energy storage (BESS) industry in the state. The new law requires that every battery energy storage facility located in California establish an emergency response and
Legislative Updates
Summary of Recent Amendments to Alabama’s Public Works Statutes
The Alabama Legislature recently made several changes to requirements for public works projects that go into effect September 1, 2023. Here’s a summary of the notable changes:
Section 39-1-1
Section 39-1-1 mandates that a contractor performing public works furnish a performance bond equal to 100% of the contract price and a payment bond equal to…
COFC Finds Jurisdiction Over OTA Protest
The U.S. Court of Federal Claims, in Hydraulics International, Inc. v. United States, recently held that the court had jurisdiction over a bid protest challenging an Other Transaction Authority (OTA) award made in connection with a potential future procurement. Key facts and takeaways from this noteworthy and welcome decision — which has the potential…
President Biden Signs Inflation Reduction Act – What This Will Mean for Clean Energy and Manufacturing
Today, President Biden signed into law H.R. 5376, referred to as the Inflation Reduction Act (IRA). The nearly $369 billion of new spending is intended to transform entire sectors of the American economy and will have profound consequences across the clean energy landscape, including for manufacturers, developers, owner-operators, utilities and investors. Bradley has been actively…
United States Supreme Court Closes the Door to U.S. Discovery in International Commercial Arbitration
What did the Court decide?
The United States Supreme Court resolved a split among the federal appeals courts on the question of whether private international arbitration tribunals can be considered to be either “foreign” or “international” tribunals for purposes of a federal statute, 28 U.S.C. § 1782, which permits discovery from persons located in the…
Out with Lonergan, In with Spearin: Texas Legislature Provides Contractors with Limited Protection for Defective Plans and Designs
As of September 1, 2021, in a change to Texas caselaw that had been in place for over a century, Texas contractors now have protection in certain circumstances from liability for defective plans and specifications provided to the contractor by someone else. In the 1907 Texas Supreme Court case Lonergan v. San Antonio Loan &…
Texas’s Major Lien Law Makeover: What You Need to Know
Chapter 53 of the Texas Property Code just received major updates for the first time in years. On June 15, 2021, Gov. Greg Abbott signed into law HB 2237. This bill makes many notable changes to Texas’s lien laws. The construction industry and construction lawyers should take note of these changes to the complex and…
New Exec. Order Increases Federal Contractor Min. Wage to $15 Per Hr.
President Biden recently signed an executive order (EO) that will increase the minimum wage rate to be paid to workers performing work on or in connection with a federal contract from $10.95 per hour to $15.00 per hour beginning January 30, 2022.
The EO states that federal executive departments and agencies shall, to the extent…
NISPOM Codified as Regulation; JPAS Retiring Soon
If your business holds a U.S. security clearance — or is in the process of applying for one — take note of two big changes at the Defense Counterintelligence and Security Agency (DCSA). First, after more than 25 years, the National Industrial Security Program Operating Manual (NISPOM) is now being codified in the Code of…
Significant Buy American Amendments Are Here
The Federal Acquisition Regulation (FAR) Council recently issued a final rule that implements the requirements of the Maximizing Use of American-Made Goods, Products, and Materials Executive Order. As discussed below, the final rule – which largely adopts the proposed revisions set forth in the FAR Council’s September 14, 2020, proposed rule — contains important…