Assignment Issues Implicated in Contract Clauses

  In theory, the purpose of an anti-assignment clause is to protect a party’s right to choose who it works for. Most industry professionals believe such a clause prevents assignment and conduct their affairs accordingly. If the goal is to actually prevent an assignment while a contract is executory, the clause needs to specifically state that any assignment in violation of the agreement is void and unenforceable.

Agencies Consider Updating Regulations Governing Human Trafficking and the Audit Process

  As these changes unfold during the coming months, construction companies performing government contracts should keep an eye on further guidance from the government regarding anti-human trafficking regulations and updates to current cost accounting methods. Interested parties should ensure that their internal procedures can be easily brought into compliance with the new requirements. 

Six Ways to Stay Politically Active

The election season is an exciting time of year with many possibilities for interactions with federal, state and local elected officials. It is vital for employers and employees to take advantage of this opportunity for political engagement and help serve as the voice of the merit shop before the general election takes place on Tuesday, Nov. 8. 

A Shipment of Hope for Haiti

About 20 engineering and construction students at the University of North Florida are outfitting two shipping containers with bedrooms, bathrooms, communal dining space, electricity and climate control systems for Mercy Land Orphanage in Haiti. 

Dividing Liability at Contaminated Sites

Falling under the Environmental Protection Agency’s (EPA) hammer of “joint and several liability” in contaminated site cleanup cases is a costly proposition. Recently, the Supreme Court has thrown open the door to dividing these costs, and courts are now considering how to do it.  

Limit Litigation Expenses By Streamlining Storage of Electronic Information

There is no way to make litigation and electronic discovery inexpensive, but there are ways to reduce the expense if both sides communicate and commit to the process, and if a company manages its data so that it is easily accessible in the event litigation arises. 

Maximizing the Enforceability of Teaming Agreements

Basic contract law often treats teaming agreements as unenforceable “agreements to agree” (i.e., the parties agree that if, in the future, the bid proposal is accepted, then at that time the parties will negotiate the terms regarding the work to be performed). As such, contractors and subcontractors are placed in the unenviable position of needing an agreement that is frequently worth no more than the paper it is written on. 

Obama Administration Accelerates Anti-Business Labor Agenda

  As the Obama administration nears its conclusion, federal labor agencies seem intent on issuing as many burdensome and anti-business regulations as possible. Many of the new rules are unprecedented in their scope and change decades of policies on which employers have come to rely. 

Executive Insights

Construction defect laws requiring pre-suit proceedings are intended to reduce litigation but result in extensive costs if not managed properly. Every contractor can do three things to reduce construction defect costs.

Paying It Forward

It’s not easy to pass on one’s passion for something to other people in a way that makes them want to learn more, but that’s exactly what John Lupacchino of Gaylor Electric, Noblesville, Ind., has been doing for Gaylor University for the past 22 years and the Indiana/Kentucky Chapter of Associated Builders and Contractors (ABC) for the past 17 years. 
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Six Ways to Stay Politically Active
The election season is an exciting time of year with many possibilities for...

A Shipment of Hope for Haiti
About 20 engineering and construction students at the University of North Florida...

Obama Administration Accelerates Anti-Business Labor Agenda
As the Obama administration nears its conclusion, federal labor agencies seem...

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