Legal/Regulation

Mailbag: Construction attorneys answer readers' coronavirus legal questions

U.S. contractors are facing uncertainty around issues like health threats to workers, government stoppages and supply chain delays. Here, construction attorneys break down some of the legal ramifications.

By Jenn Goodman • March 26, 2020

Washington state bans construction, Boston extends moratorium

Washington Gov. Jay Inslee's clarification updated Monday's mandate that appeared to exempt construction while Boston Mayor Martin Walsh extended his construction ban despite calls from his governor to lift it.

By Jenn Goodman • March 26, 2020

Sponsored by HammerTech

Global Safety: A look into Australia's safety operations

What can global safety leaders teach us locally? Australia is sharing what they’re doing to make construction safer.

Construction can continue in New York, California and Illinois amid shutdown orders. In other regions, it's banned

The three state mandates exempt construction but with caution and caveats. Meanwhile, Pennsylvania's and some Massachusetts cities' orders effectively stop construction.

By Jenn Goodman • March 23, 2020

Trump signs emergency coronavirus bill granting paid leave opposed by construction group

The bill contains two key provisions covering workers employed by private entities and individuals that employ fewer than 500 employees.

By Ryan Golden , Jean Dimeo • March 19, 2020

Governors, senators urge Trump to help states expand hospitals for anticipated coronavirus patients

Lawmakers such as Andrew Cuomo and Elizabeth Warren say most states do not have the resources to build the necessary healthcare facilities and need federal and private-sector assistance.

By Kim Slowey • March 19, 2020

Tutor Perini, developer fight over lien, claims of defective work at Florida hotel

The owner of the Dalmar Hotel in Fort Lauderdale claims it's due $12 million in damages from the general contractor over defective work, including malfunctioning elevators and water leaks. 

By Kim Slowey • March 19, 2020

Former MTA manager pleads guilty to charges in construction bid-rigging case, could face prison time

Authorities said former supervisor Paresh Patel set up his own engineering consulting firm in order to bid on MTA repair work after Hurricane Sandy. He now faces up to 20 years in prison.

By Kim Slowey • March 18, 2020

Spat between union and Connecticut DOT drags FIGG into another bridge controversy

A bill calls for state DOT engineers rather than consultants like FIGG to inspect infrastructure projects while a union in support of it questions the FIU bridge designer's role in the Arrigoni Bridge project as an example.

By Kim Slowey • March 18, 2020

AGC opposes paid leave provision in House coronavirus bill

If passed in the Senate, the plan could lead to industry layoffs, bankruptcies and delays in the construction of medical and emergency facilities, according to the Associated General Contractors of America.

By Jenn Goodman • March 17, 2020

Opinion

Force majeure clauses take center stage in contractors' coronavirus response

The time is now for firms to protect themselves from the potentially devastating effects of the coronavirus pandemic, according to attorney Trent Cotney. Careful bidding and specific contract provisions can help mitigate the risk.

By Trent Cotney • March 16, 2020

NYC zoning loophole challenged in case that would require removing top 20 floors of tower

Though the state supreme court ruled that 200 Amsterdam combined two lots to exceed height limitations, a workaround that has since been invalidated, the partial demolition mandate is now up in the air. For one, the dangers and financial repercussions could be deemed too severe.

By Kim Slowey • March 16, 2020

Labor Department apprenticeship rule exempts construction programs

The rule has raised concern among contractor groups and generated 326,798 public comments, with the majority expressing opposition to Industry-Recognized Apprenticeship Programs for construction.

By Jenn Goodman • March 11, 2020

Questions about accounting practices drive SEC investigation into Fluor, internal probe for Granite

Fluor took large charge-offs in the second quarter of 2019, and Granite said it is reviewing prior financial reporting from its heavy civil division.

By Kim Slowey • March 10, 2020

Scrutiny shifts to city of New Orleans in the aftermath of the Hard Rock collapse

Alleged malfeasance in the New Orleans Department of Safety and Permits could leave the city liable, although it would be difficult to prove, a legal expert explains.

By Kim Slowey • March 09, 2020

OSHA advisory committee discusses major industry hazards

The Advisory Committee on Construction Safety and Health examined and advised on top issues including falls, opioid abuse and suicide.

By Kim Slowey • March 09, 2020

Clark settles $5M The Wharf DC lawsuit with Perkins Eastman for undisclosed amount

The general contractor for Phase 1 of the $2.5 billion development sued the architecture firm for design flaws in 2018 and the latter retaliated with a claim about not being paid. Clark says the pair are now ready to work together again.

By Kim Slowey • March 06, 2020

Contractor allegedly stole trade secrets to underbid on botched NYC bridge armor installation job

Security firm Hardwire alleges that Infrastructure Armor's mistakes have left the cables of Kosciuszko Bridge vulnerable to terror attacks and other threats.

By Kim Slowey • March 04, 2020

Tutor Perini subsidiary rebuts Pennsylvania lawmaker's 'change-order scheming' accusations

A lawyer for Cherry Hill said PennDOT knew in December of 2015 that the project would not be completed on time due to errors made by the state agency.

By Kim Slowey • UPDATED: March 23, 2020 at 10 a.m.

Florida limits retainage on public projects to 5%

Beginning in October, the maximum retainage that public entities in Florida will be able to withhold from contractors on most large projects is being cut in half from 10%.

By Kim Slowey • March 02, 2020

NLRB issues final joint-employer rule

The ABC said the ruling should provide clarity to contractors about their responsibility under the National Labor Relations Act.

By Kim Slowey • Feb. 26, 2020

New P3 contract form promises to better allocate risk

ConsensusDocs said it developed a new standardized public-private partnership agreement in part to lower transactional costs for small and medium-sized projects.

By Kim Slowey • Feb. 26, 2020

Suspended New Orleans building inspector resigns over alleged Hard Rock project negligence

After vehicle GPS records revealed that two city employees may have not even visited the property on the dates they said they inspected it, one still awaits a hearing.

By Kim Slowey • UPDATED: March 16, 2020 at 9:58 a.m.

Manhattan developers could be forced to demo 20 floors from top of luxury condo

Legal action taking aim at permits being granted in an alleged zoning loophole could put the nearly complete project's financing in jeopardy and affect at least 20 other projects in New York City.

By Kim Slowey • Feb. 24, 2020

DHS waives procurement regs for border wall construction

The contractors who will bid on projects subject to the waiver have already been shortlisted by the U.S. Army Corps of Engineers.

By Kim Slowey • Feb. 21, 2020