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Complying With Contract Requirements

Published Date: August 20, 2023

We live in a world of contracts. Long, complex contracts to be sure. But living in a world of contracts has enormous benefits. Consider your doctor’s situation. If there is a dispute regarding the quality of services, it will be handled under the law of negligence. After all, the patient didn’t specify the doctor’s precise actions and procedures. A court [...] Read More

FINAL GUIDANCE ISSUED ON INFRASTRUCTURE BILL DOMESTIC SOURCING REQUIREMENTS: “BUILD AMERICA, BUY AMERICA”

Published Date: August 18, 2023

On August 15, 2023, the Office of Management and Budget (“OMB”) released its final guidance to federal agencies regarding the implementation of the Build America, Buy America (“BABA”) requirements under the Infrastructure Investment and Jobs Act (“IIJA,” or “Bipartisan Infrastructure Bill”). Visit our Government Contracts Law blog here to read more about the final guidance. Read More

Electronic Signatures are Beneficial, but Come with Security and Legal Risks

Authors: Kellie M. Ros,

Published Date: August 15, 2023

This article was written for the Texas Contractor and first appeared here. While the concept of signing a document electronically is nothing new, its prevalence in the construction industry is picking up speed. Industry leaders (and those who wish to become leaders one day) must educate themselves on the concept of e-signatures and the implications they may have on the [...] Read More

The Clock is Ticking: Construction Delays and Liquidated Damages

Published Date: August 15, 2023

This article was written for the ConsensusDocs newsletter and first appeared here. With the on-going shortage of construction workers in the industry and other factors ranging from weather to procurement problems, the threat of project delay is real. When a contract contains a liquidated damages clause for assessing project delays, real financial consequences for contractors can result. Courts have long [...] Read More

Department of Labor Changes Prevailing Wage Rate Calculation and Other Davis-Bacon Regulations

Published Date: August 10, 2023

The Department of Labor (“DOL”) will soon issue final rules governing payment of workers on federal construction projects. Key changes include: Restructured calculation of “prevailing wages”; Incorporation of anti-retaliation measures to protect victims of violations; and Expanded rights to back wages where violations are found. The changes come as billions of federal dollars are being poured into new clean energy [...] Read More