Articles

Contractor’s Claim for Interest on Subcontractor’s Defective Work Claim Gains Mixed Results

By: John J. Gazzola, Associate, Pepper Hamilton LLP Skanska USA Bldg., Inc. v. J.D. Long Masonry, Inc., No. SAG-16-933, 2019 BL 336852, 2019 US Dist Lexis 152787 (D. Md. Sept.…

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Contractors and Owners Will Have an Easier Time Identifying Regulated Wetlands Following Recent U.S. Supreme Court Opinion

Contractors appreciate how difficult it often is on a technical level to perform work in or near wetlands or other environmentally sensitive areas.  Such work is even more difficult due…

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Contractors Are Confronting The Realities Of A Federal COVID-19 Vaccine Mandate

By Sarah K. Bloom, Associate and Gregory M. Wagner, Associate, Watt, Tieder, Hoffar, & Fitzgerald, LLP. Since September 9, when President Biden issued his Executive Order imposing a sweeping vaccine…

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Contractors Pay Heed: The Federal Circuit Clarifies Two Important Issues For Bid Protestors

By: Andrew Balland, Associate, Watt, Tieder, Hoffar & Fitzgerald, LLP. The United States Court of Appeals for the Federal Circuit (Federal Circuit) recently decided two cases that are relevant to…

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Contractual Fee-Shifting in Litigation: Who Pays the Price?

When disputes on a construction project escalate to litigation, general contractors may find themselves entangled in a costly and time-consuming legal battle. One important concept to understand is contractual fee-shifting…

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Cost-Plus Gains Traction in the Face of Price Uncertainty

Cost-of-the-work agreements (aka “cost plus” contracts) are commonly used in commercial construction contracting to establish the terms and conditions for a project based on the cost of the work performed.i…

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Court Invalidates Project Labor Agreement Mandate on Federal Construction Projects

In a decision published on January 21, 2025, the U.S. Court of Federal Claims struck down the Biden administration’s policy requiring Project Labor Agreements (PLAs) on large-scale construction projects. Signed…

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Court Provides Guidance on ‘Pay-When-Paid’ Provisions in Construction Subcontracts

By: Ted R. Gropman, Partner, and Cindy J. Lee, Associate, Pepper Hamilton LLP On April 17, the California Court of Appeal decided Crosno Construction, Inc. v. Travelers Casualty & Surety…

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Court Rules That ERISA Preemption Bars Recovery of Union Benefit Fund Payments Pursuant to New York’s Wage Theft Statute from a General Contractor Where a Subcontractor Failed to Fund Payments

Summary In 2022 the State of New York passed a Wage Theft statute[1] that includes authorizing suits against contractors to recover the unpaid employee wages and benefits of their subcontractors. In…

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