Client Alerts & Publications
D.C. Circuit Affirms Wage Law for Private Projects on Public Land
Published Date: April 1, 2016
CityCenterDC is a mixed-use development project in the District of Columbia that is located on land owned by the District but leased to private developers. The private developers are funding the construction of CityCenterDC and have entered into construction contracts to build the Project. Those contracts did not contain a requirement for contractors to pay prevailing wages to all workers [...] Read More
Federal Court Vacates FHWA’s 2012 Clarification Under Buy America
Published Date: March 1, 2016
As a result of litigation in the United States District Court for the District of Columbia, the Federal Highway Administration (“FHWA”) has cancelled its December 21, 2012 memorandum regarding the application of FHWA’s Buy America requirements to manufactured products. The memorandum had provided a clear standard for determining when manufactured products are subject to Buy America. With the cancellation of [...] Read More
Compliance Programs – When They Work and When They Don’t
Published Date: August 1, 2015
In today’s regulated economy, compliance programs are a necessity across most industries. That is no less so for the construction industry. How a compliance program is developed, whether it is tailored to a particular company, how it is viewed and supported by management, and whether it is “genuine” are all important considerations in determining whether a compliance program will be [...] Read More
New York Court Denies Class Action Status for Overnight Healthcare Workers
Published Date: June 15, 2015
On May 4, 2015, the Hon. David I. Schmidt, Justice of the Supreme Court of the State of New York, Kings County, issued a decision in Adriana Moreno, et al. v. Future Care Health Services, Inc., et al., Index No. 500569/13, denying class certification sought by healthcare workers for a claim against a prior employer, Future Health Care Services, Inc. [...] Read More
Differing Interpretations of New York’s Prompt Payment Act
Published Date: June 1, 2015
New York’s Prompt Payment Act (PPA) (General Business Law Section 756, et. Seq.) was enacted in 2003, and has remained in its current, amended version since 2009. Yet there have been surprisingly few cases addressing its application and enforcement. It was not until 2014 that the courts issued decisions interpreting the PPA’s procedure for the review and disapproval of invoices [...] Read More