Articles

Unfair Risk Allocation on Design-Build Projects

By: Brian Perlberg, Executive Director of ConsensusDocs Coalition & AGC Senior Counsel. The AGC annual convention included a session entitled “Who’s on the Hook for Design Defects in Design-Build Projects.” Fox…

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United States Department of Labor Finalizes Independent Contractor Rule

On January 10, 2024, the Wage and Hour Division of the U.S. Department of Labor issued its long awaited final rule, Employee or Independent Contractor Classification Under the Fair Labor Standards…

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Upcoming Updates to ConsensusDocs Design-Build Contracts: What You Need to Know

With over $300 billion dollars in annual revenue tied to alternative project delivery, staying ahead of contracting best practices is crucial for the construction industry. Revenue from the top 100…

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Update on Legal Challenges to FTC’s Rule Banning Non-Compete Agreements

On April 23, 2024, the Federal Trade Commission (“FTC”) approved a broad rule that bans a large majority of non-compete clauses between employers and their workers (the “Rule”). (Read our…

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Updated ConsensusDocs Contracts Keep You Ahead of the Curve

Construction contracts provide a foundation for project success or, if done wrong, project failure. Updating your contracts is essential. You should evaluate and update your contracts based on the latest…

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Updated Design-Build Standard Contracts are Now Available from ConsensusDocs

ConsensusDocs has just announced published updates to the ConsensusDocs 410 Design-Build (Cost of the Work with a Guaranteed Maximum Price (GMP)] and the ConsensusDocs 415 Design-Build (Lump Sum) standard agreements…

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Use of Dispute Review Boards in the Construction Process

By Sarah B. Biser, Esq. Construction Practice Co-Chair, Fox Rothschild LLP.   Dispute Review Boards: Overview Problems, disagreements and claims arise in most large and complex construction projects regardless of the…

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Virginia Joins the Trend of States Cracking Down on Worker Misclassification in the Construction Industry

By: Josh Holt Associate, Smith, Currie & Hancock LLP. In 2012, Virginia’s Joint Legislative Audit and Review Commission (“JLARC”) issued a report finding that worker misclassification—where an employer improperly classifies…

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Virtual Mediation – How Do I Make It Work For Me?

By: Adrian L. Bastianelli, III Partner, and Jennifer L. Harris Associate, Peckar & Abramson, P.C. Mediation took the construction industry by storm in the late 1980’s and has become a…

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