Articles

New Resources and Contractual Tactics Address Wage Theft Laws That Are Spreading Across the Country

A growing number of state and local governments have adopted wage theft laws that aim to ensure employees receive full compensation by creating severe penalties. These laws often target the…

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NLRB Finalizes Rule for Construction Industry Unions to Obtain Majority Support Representational Status

On July 26, 2024, the National Labor Relations Board (“NLRB”) issued its Fair Choice – Employee Voice Final Rule (“Final Rule”), which takes effect September 30, 2024. The Final Rule eases the process for…

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No Cherry Picking: Direct Benefits Estoppel and Binding Non-Parties to Arbitration

General contractors appreciate the importance of understanding the provisions in their own contracts. However, understanding the provisions contained in other parties’ contracts on the same Project can be just as…

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No Damage for Delay? No Problem: Exceptions to the Enforceability of No Damage for Delay Clauses

By: Chris Broughton Associate, Jones Walker LLP Introduction: Under a no-damage-for-delay clause, the owner is not liable for any monetary damages resulting from delays on the project. In lieu of…

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No Signature? Potentially No Problem for Sureties Enforcing a Bond’s Forum Selection Clause

By: Brian C. Padove Associate, Watt, Tieder, Hoffar, & Fitzgerald, LLP. One of the foundational tenets of contract law is that a party may only be bound by terms they…

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Nonconsensus

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Not All Design-Build Projects Are Created Equal

By: Nicole G. Markowitz Senior Associate, and Richard S. Robinson Senior Counsel, Peckar & Abramson, P.C. As the need for faster and more efficient construction increases, design-build agreements are growing in popularity. Design-build projects may account for 44% of nonresidential building in the United…

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Not All Insurance Policies Are Alike Regarding COVID-19 Losses- May 6, 2021

By: Neal I. Sklar Partner, Joshua A. Morehouse Associate, Peckar & Abramson, P.C. A recent case from the Central District of California reminds us that not all insurance policies are…

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Not If, But When: Newly Enacted Virginia Legislation Bans “Pay-If-Paid” Clauses In Construction Contracts 

Recently passed legislation in Virginia is likely to dramatically change contractual relationships between prime contractors and subcontractors in the Commonwealth. 

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