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Snooze You Lose? Enforcement of Notice and Timing Provisions

Published Date: October 25, 2024

This article was written for the ConsensusDocs newsletter and first appeared here. Deadlines are an inescapable part of the construction industry.  Bid deadlines. Submittal deadlines. Material delivery deadlines. Substantial completion.  Final completion. And so, inevitably, fighting about deadlines becomes a necessary byproduct.  Was the deadline really a deadline?  Was the schedule slippage on the critical path?  Should there be an [...] Read More

An Overview of the New EPA HVAC Refrigerant Regulations and Its Implications for the Construction Industry

Authors: Stefanie A. Salomon, Nadia Ennaji, Ali Heyat (Samford University School of Law Class of 2025)

Published Date: September 17, 2024

This article was written for the ConsensusDocs newsletter and first appeared here. The U.S. Environmental Protection Agency (EPA) recently announced a series of significant changes to the rules governing the use of refrigerants in heating, ventilation, and air conditioning (HVAC) systems. These changes, which were promulgated under the American Innovation and Manufacturing (AIM) Act, are designed to phase down the [...] Read More

Taking Advantage of New Tax Credits and Prevailing Wage Bonuses Under the Inflation Reduction Act for Clean Energy Construction Projects

Authors: Jennifer Harris, Abby Bello Salinas, Sahara Mokhtari (Georgetown Law Class of 2025)

Published Date: September 3, 2024

This article was written for the ConsensusDocs newsletter and first appeared here. Introduction: IRA Boosts U.S. Construction Industry On August 16, 2022, President Biden signed the Inflation Reduction Act of 2022 (the “IRA”) into law. [1] The IRA marked a legislative milestone for clean energy in the United States in part by providing funding mechanisms for clean energy infrastructure projects. This new [...] Read More

NLRB Finalizes Rule for Construction Industry Unions to Obtain Majority Support Representational Status

Published Date: August 23, 2024

On July 26, 2024, the National Labor Relations Board (“NLRB”) issued its Fair Choice – Employee Voice Final Rule (“Final Rule”), which takes effect September 30, 2024. The Final Rule eases the process for unions in the construction industry to convert their status as collective bargaining representative of bargaining unit employees from Section 8(f) to 9(a) of the National Labor [...] Read More

Lexology Panoramic: Construction 2025

Published Date: July 24, 2024

P&A partners Jerry P. Brodsky, Denis Serkin, and Michael S. Zicherman, served as exclusive contributing editors and authors of Lexology's Panoramic: Construction 2025 - US and Global guide. This guide, formerly known as Getting the Deal Through, provides a comprehensive international expert analysis in key areas of law, practice, and regulation for construction industry members, construction-related legal professionals, and business providers. [...] Read More