Published: April 26, 2024 While contractors incur the extra costs involved, agencies have slowly begun to implement Build America, Buy America Act Pub. L. No. 117-58 (“BABA”) requirements after the final Office of Management and Budget (“OMB”) guidance was released last October in response to Executive Order (“EO”) 14005, Ensuring the Future Is Made in All of America by All of America’s Workers. This article highlights how the FAA is implementing BABA requirements and waivers under those authorities. As
On April 23, 2024, the Federal Trade Commission (“FTC”) issued its final rule banning nationwide a large majority of non-compete agreements, with a few, limited exceptions (the “Rule”). The Rule not only renders future non-compete agreements unenforceable, but it invalidates existing non-compete agreements for many workers. Set to become effective 120 days after publication in the Federal Register – most likely in late August 2024 – the Rule has the potential to significantly impact employers in the
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Contractors and subcontractors in the commercial construction industry should consider expedited, or fast track, arbitration clauses in their construction contracts. Expedited arbitrations are meant to be a cost-saving measure for smaller claims and typically involve a shorter schedule, limited or no discovery, and a single arbitrator.Read more.
Published in Common Sense Contract Law News letter, October 25, 2023 The success of any construction project hinges on careful planning, execution, and administration. The same is true for construction contracts. A recent Texas Court of Appeals case, Wood Group USA, Inc. v. Targa NGL Pipeline Company, LLC, emphasizes the need for precision in construction contracts and highlights the significant impact such cases have on contracting parties.Case Background In September 2018, Targa NGL Pipeline Company,
Published: Common Sense Law Newsletter, November 14, 2023 Contractors often include time limits to bring claims in their contracts to prevent themselves from being dragged into litigation over projects that were completed years earlier. However, if the contract time limit is shorter than the state’s limitations for bringing the same claims, that clause may not be enforceable. States set time limits, called statutes of limitations, for bringing different kinds of claims. Statutes of limitations, however,
Click here for Subcontractor Lien Protection Checklist to protect your Lien rights provided by the Marin Builders Association and Dan McLennon of Smith, Currie & Hancock, LLP.Reviewed and Updated February 2024
Click here for General Contractors Lien Rights Protection Checklist to protect your Lien rights provided by the Marin Builders Association and Board member Dan McLennon.Reviewed and Updated February 2024