Client Alerts & Publications
Final Rule Regarding Project Labor Agreement Requirements for Large-Scale Federal Construction Projects
Authors: Aaron C. Schlesinger, Julia Loudenburg
Published Date: January 17, 2024
Beginning on January 22, 2024, in compliance with President Biden’s February 4, 2022 Executive Order, 14603, federal construction projects with a total estimated cost of $35 million are required to utilize a project labor agreement (“PLA”) unless the contracting agency grants an exception. The Federal Register estimates that this rule will impact approximately 119 IDIQ contracts each year; these contracts [...] Read More
New York Revises Retainage Requirements for Private Construction Contracts: Overview of the “5% Retainage Law”
Published Date: January 16, 2024
On November 17, 2023, the State of New York enacted the “5% Retainage Law.” This legislation effectively limits the amount of retainage that can be held from general contractors and subcontractors to no more than 5%. It applies to many but not all construction contracts. In addition, the new law revises late stage billing requirements, enabling contractors to invoice for [...] Read More
Navigating the Risks to GCs when Subcontractors Misclassify Workers
Authors: Stephen E. Irving,
Published Date: January 5, 2024
This article was written for the Texas Contractor and first appeared here. Last month, we discussed the general liabilities to construction firms when employing supposed independent contractors when a proper legal analysis would find those individuals to be employees. This month, we follow up to discuss the specific risks to general contractors (GCs) that may flow from a subcontractor’s improper [...] Read More