Articles

Court Invalidates Project Labor Agreement Mandate on Federal Construction Projects

In a decision published on January 21, 2025, the U.S. Court of Federal Claims struck down the Biden administration’s policy requiring Project Labor Agreements (PLAs) on large-scale construction projects. Signed…

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Court Provides Guidance on ‘Pay-When-Paid’ Provisions in Construction Subcontracts

By: Ted R. Gropman, Partner, and Cindy J. Lee, Associate, Pepper Hamilton LLP On April 17, the California Court of Appeal decided Crosno Construction, Inc. v. Travelers Casualty & Surety…

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Court Sharpens The “Sword” And Strengthens The “Shield” Of Contractors’ License Law

Performing construction work without the necessary license can have significant repercussions on a contractor’s business. California in particular has become known for its imposition of “strict and harsh” penalties for…

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Covenants vs. Conditions in Construction Contracts

By: Michelle Rosenberg, Associate, and Marion T. Hack, Partner, Troutman Pepper Hamilton Sanders LLP It is sometimes overlooked that clauses in contracts requiring performance are not treated the same in…

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COVID-19 and Mutual Responsibility Clauses

By: Joseph M. Leone, Partner, Drewry Simmons Vornehm, LLP As everyone knows, there is a tremendous amount of uncertainty in the construction industry due to the COVID-19 pandemic. Schedules, productivity,…

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COVID-19 and the Construction Industry: Looking Beyond Force Majeure to Recover Time and Costs for Delay

By: Robert A. Gallagher, Partner, Jamey B. Collidge, Associate, Pepper Hamilton LLP, James Diwik, Partner, Troutmen Sanders.  Much has been written about whether and how COVID-19 qualifies as a force majeure…

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COVID-19 Vaccine Considerations for Employers in the Construction Industry

By: Maggie Spell Partner, Jones Walker LLP. 1. Can employers in the construction industry require employees to receive a COVID-19 vaccine as a condition of employment?  In short, it depends.…

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Daily Reports – The Swiss Army Knife of Project Documentation

By: Christopher A. Henry, Associate, Jones Walker LLP  Project “Daily Reports” are some of the most important, yet overlooked aspects of a construction project. These reports serve many beneficial roles such…

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De-escalating The Impact of Price Escalation

By: Brian C. Padove Associate, Watt, Tieder, Hoffar & Fitzgerald, LLP. What happens when construction material prices abruptly rise by 15%, 35%, 50%?  Moreover, what happens to a construction project…

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