Posts Tagged 'legal'

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Injunction Blocks Overtime Rule

Responding to a legal challenge filed by Associated Builders and Contractors (ABC) and a coalition of business groups, the U.S. District Court for the Eastern District of Texas issued a preliminary injunction blocking the U.S. Department of Labor’s final overtime rule from taking effect Dec. 1. 

Court Blocks 'Persuader' Rule

In mind-November, the U.S. District Court for the Northern District of Texas found the U.S. Department of Labor’s “persuader rule” to be unlawful and blocked it from taking effect.

Curb Discovery Costs With a Tailored Arbitration Clause

Arbitration is premised on using arbitrators with knowledge of the subject matter to conduct more efficient proceedings. A lot of the uncertainty and expense can be eliminated with a well-crafted arbitration clause.  

LEED Liability: Construction Contract Concerns for Green Building Projects

Despite the continuous narrative tied to green building, construction contracts have simply not kept pace, and most form contracts or standard clauses do not address contractual issues specific to sustainable projects. 

Bipartisan Federal Legislation Is a Potential Boon for P3s

For construction companies active in the public-private partnership (P3) or design-build arena, the bipartisan Public Buildings Renewal Act (S. 3177/H.R. 5361) represents a fountain of new work opportunities building or rehabilitating many outdated and dilapidated government-owned facilities—such as public schools, post offices, prisons, courthouses and libraries—that need to be replaced. 

Three Onerous Contract Provisions to Avoid

Contractors must carefully read and study contracts before signing them. While this may seem obvious, it is surprising how often project participants sign agreements containing clauses that a party did not read, did not understand or did not take seriously.

The Value of an Annual Partnering Meeting

The results of the partnering meeting, as it becomes an annual tradition, will prove to be valuable throughout the year, and help to provide a big-picture view of the construction business that otherwise would not be possible. 

Methods of Obtaining a Stay Pending Another Arbitration

Use of a motion to stay is a more straightforward method of obtaining a stay. However, a preliminary injunction can get the attorney in front of the court, and it could be a quick or last option to stay an arbitration. 

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. 

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