Articles

Project Labor Agreements: A New Bid Protest Forum Split

Advertisements often include a disclaimer: “individual results may vary.” Similarly, lawyers are notorious for saying “it depends.” The mandatory Project Labor Agreement (“PLA”) regulations have recently placed into context this…

Project Labor Agreements: A Solution in Search of a Problem

In January 2024, the federal government implemented a requirement that contractors on any large-scale federal construction contract – one valued at $35 million or more – enter into a project…

PROMISSORY ESTOPPEL – Your friend when asked to do change/extra work with no written change order 

By: Paulo Flores, Esq. Partner, Peckar & Abramson, P.C.  The Problem: Have you ever run into the following situation:  The Project Owner insists on performance of change or extra work…

Proposed Rule Would Impose Government-Wide Controlled Unclassified Information (CUI) Handling Requirements

Global cybercrime costs are expected to reach $10.5 trillion annually by 2025. (Cost of a Data Breach Report, 2024, IBM). Cybersecurity is not a partisan issue — the government has…

Pulling the Plug, Preserving the Product: Protecting Rights to a Modular Subcontractor’s Work Post-Termination

Volumetric Modular Construction (VMC) is a building method where a structure is divided into large components or modules, fabricated in an offsite factory and then transported to a construction site…

Pyrrhic Victories: Consider the Real Cost of “Winning” a Dispute

Careful consideration should always be given to both the long-term cost of a dispute and the potential to recover those costs. Construction disputes can be very expensive, with attorney’s fees…

Re-Thinking the One-Sided Contract: Considerations for a More Balanced Approach to Contracting

Construction projects can be inherently risky – often there are multiple parties (owners, architects, engineers, contractors, subcontractors, consultants, vendors, government officials, sureties, insurers, and many others), unforeseen site conditions, tangled…

Ready, Fire, Aim: The Importance of Targeting Your Delay Notices

By: Bradley Sands Associate, Jones Walker, LLP. Providing written notice of delay to subcontractors when a project is behind schedule is a regular part of good project documentation practices. A…

Recent Developments in Legislative Efforts To Combat Climate Change

Governments across the United States have been increasingly integrating climate considerations into legislation affecting various sectors of the economy. The construction industry is no exception. Recent legislative developments at various…

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