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Retainage: What Contractors Need to Know and Helpful Strategies

Published Date: May 16, 2024

This article was written for the ConsensusDocs newsletter and first appeared here. Introduction Most, if not all, construction contracts contain a provision for “retainage.”  The origin and concept of retainage dates back to the railroad boom that embraced Great Britain in the 1840s. In its simplest terms, retainage is a mechanism by which an owner or general contractor withholds disbursement of [...] Read More

Federal Trade Commission Prohibits Non-Competes: What Should Employers Do Now?

Authors: Gregory R. Begg,

Published Date: May 15, 2024

Effective September 4, 2024, non-compete agreements with all employees, including senior executives, will be prohibited by a new Federal Trade Commission (FTC) rule. However, non-compete agreements for certain senior executives entered into before September 4, 2024, and non-compete agreements connected to an individual’s sale of a business, will remain enforceable. The FTC’s Non-Compete Clause Rule reflects a sentiment expressed by [...] Read More

Resolving Subcontractor Disputes with Pass-Through Claims and Liquidation Agreements

Published Date: May 6, 2024

This article was written for the Texas Contractor and first appeared here. Imagine a project where you are unable to reach final completion due to an unresolved subcontractor claim. If the project owner is responsible for the claim, and both the owner and subcontractor are entrenched in their positions, how would you resolve this dispute? The default option is a three-party [...] Read More

United States Department of Labor Finalizes Independent Contractor Rule

Published Date: April 17, 2024

On January 10, 2024, the Wage and Hour Division of the U.S. Department of Labor issued its long awaited final rule, Employee or Independent Contractor Classification Under the Fair Labor Standards Act.[1] The rule addresses how to determine whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act and overturns the March 8, [...] Read More

Balancing Risk and Reward: The Complexities of Stadium Construction Projects

Published Date: April 10, 2024

This article was written for the Engineering News-Record and first appeared here. From grand designs to opening day, stadium construction projects present a captivating blend of high-profile opportunities and significant challenges and risks. Navigating this complex landscape is not easy, but when managed properly, the potential rewards, both in terms of reputation and finances, can make it a gamble worth [...] Read More