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Archive by tag: P.CReturn

Do Verbal Discussions Trump The Contract’s Written Terms?

One of 2019’s most significant construction cases underscores the importance of strictly adhering to a contract’s written terms. The case resulted from the FBI’s award to a general contractor a construction contract for a large FBI facility....By: Miles & Stockbridge P.C.
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Miles & Stockbridge P.C. | May 12,2020 |

New Virginia Construction Statute: General Contractors Can Be Liable to Pay Subcontractor’s Employee Wages

Last month, Virginia’s General Assembly enacted a new law that makes contractors on large construction projects liable for unpaid wages owed to their subcontractors’ employees. Senate Bill 838, codified at Virginia Code § 11-4.6 and § 40.1-29 has...By: Miles & Stockbridge P.C.
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Miles & Stockbridge P.C. | May 09,2020 |

“Loophole” for Unauthorized and Improperly Bid Construction Contract Closed

The Illinois Supreme Court’s recent decision in Restore Construction Company v. Board of Education of Proviso Township High Schools District 209 conclusively closed an unusual loophole through which public entities could, in some cases.........By: Franczek P.C.
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Franczek P.C. | May 08,2020 |

Zoning Boards May Consider the Proposed Use and Purpose When Deciding Area Variance Applications, But Cannot Forget the Five-Factors

When deciding an area variance application, a zoning board may consider the proposed use of the property and the purpose in seeking the variance. However, the zoning board cannot fail to account for the five-factor test mandated by statute (see...By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | May 06,2020 |

New York Law Mandates Prevailing Wage For Private Construction

Private construction projects in New York will become subject to new prevailing wage requirements pursuant to legislation signed by Governor Andrew Cuomo on April 3, 2020. The provisions take effect in January 2022. Covered Projects- The legislation...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Apr 10,2020 |

Los Angeles, New York Impose New Construction Requirements And Restrictions Due To COVID-19

While the Occupational Safety and Health Administration (OSHA) and some states have offered guidance to prevent employee exposure to COVID-19, Los Angeles and New York City are enforcing more restrictive measures for construction sites. Based on...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Apr 09,2020 |

Governor’s Executive Order 2020-15 Permits Electronic Bid Openings for School District Construction Projects

On Friday, Governor Pritzker issued Executive Order 2020-15 allowing school districts to communicate, respond to, and open bids electronically for school construction projects.  Section 10-20.21 of the Illinois School Code would otherwise prohibit...By: Franczek P.C.
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Franczek P.C. | Mar 31,2020 |

Construction Industry Coronavirus Guidance From NYC And OSHA

Construction workers received guidance on best practices in preventing the spread of novel coronavirus from New York City. The city has recognized that ordinary practices at construction sites – shared tools, huddled shift meetings and packed...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Mar 27,2020 |

Proposed Project Labor Agreement in Baltimore Opposed by Large Companies, Minority Construction Contractors

An effort by several Baltimore City Councilmembers to mandate project labor agreements (PLAs) for certain large city contracts has triggered strong opposition from the city’s contracting community. Although there is often friction between large...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Mar 27,2020 |

Force Majeure Clauses and Construction Contract Issues Related to COVID-19

A key tool in mitigating the risks due to unforeseen events is the force majeure clause contained in many commercial and other types of contracts. In various states, including Maryland, residential and commercial construction companies have been...By: Miles & Stockbridge P.C.
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Miles & Stockbridge P.C. | Mar 26,2020 |
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