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    Construction Law Now Blog

    Construction Law Now provides the rapidly changing construction industry and those operating within it with timely and relevant information as well as practical commentary and analysis from the Cohen Seglias Construction Group.

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    Transportation
    Supply-Chain Delays—Tactics for Recovering From an Out-of-Control Project
    BY Michael F. McKenna, Jennifer R. Budd

    For contractors trying to navigate the construction industry’s current supply-chain battles, President Dwight D. Eisenhower once articulated advice that, although not about the industry’s problem, is still right on point: “In preparing for ...

    COVID-19 Pandemic
    NJ Contractors, Take Note: State COVID-19 Vaccine Mandates Still Apply
    BY Timothy R. Ryan

    In October, Governor Murphy issued Executive Order 271 (the order), imposing a COVID-19 vaccine mandate on contractors who work on state projects. Specifically, the order requires that New Jersey state contractors who work “on or in connection ...

    Design and Technology
    Design-Build – The Owner’s Dilemma
    BY Michael F. McKenna

    The recent passage of the infrastructure funding seems likely to lead to a significant influx in construction projects. Given the desire to get “work out on the street,” we anticipate that many owners will be looking to use design-build as the ...

    Mechanics' Liens
    A Contractor’s Primer to Maryland Lien Law
    BY Jackson S. Nichols

    Welcome to the DMV Construction Law Series, where each month we examine a different set of legal issues important to contractors. In our third installment, we briefly examine certain key parts of Maryland’s Mechanics’ Lien Law that ...

    Infrastructure
    Congress and the President Finally Pass Infrastructure Spending Law!
    BY Jennifer R. Budd

    What Does It Mean for Utility, Heavy Highway, and Transportation Construction? Last week, President Biden enacted into law the $1 trillion bi-partisan infrastructure bill following months of congressional negotiations. The Bipartisan Infrastructure ...

    Compliance
    OSHA’s Emergency Temporary Standard – This Too Shall Pass (or Not)

    Compliance Notes for Construction Professionals Amid Pending Legal Challenges Nationwide reverberations followed last week’s much-anticipated emergency temporary standard addressing COVID-19 (the ETS) from the Occupational Safety and Health ...

    Contract
    The Building Blocks of Modular Construction: Contractual and Lien Considerations
    BY Michael I. Schwartz

    An emerging construction industry trend, modular construction promises improved construction quality, greater building efficiency, and reduced overall cost—all objectives high among any contractor’s project goals. Investment leader Warren ...

    Mechanics' Liens
    The ABCs of Mechanics’ Liens in Washington, DC
    BY Jackson S. Nichols

    Welcome back to our DMV Construction Law Series, where we examine a different set of legal issues important to contractors each month. For our second installment, we briefly examine certain key parts of Washington, DC’s mechanics’ lien law that ...

    Labor & Employment
    The Immediate Impact of President Biden’s COVID-19 Action Plan on Private Employers
    BY Jonathan Landesman

    On September 9, 2021, the White House announced its new COVID-19 Action Plan, which is likely to have a considerable impact on employers. As part of the plan, President Biden has directed the U.S. Department of Labor’s Occupational Safety and ...

    Mechanics' Liens
    Mechanic’s Liens in DC, Maryland, and Virginia – Don’t Wait to Exercise Your Rights
    BY Jackson S. Nichols

    Welcome to the DMV Construction Law Series, where each month we will examine a different set of legal issues important to contractors. Our first entry in the series discusses the timing of filing mechanic’s liens. Future posts will explore ...

    Infrastructure
    The Senate Agrees on an Infrastructure Deal! What It Means for Utility, Heavy Highway, and Transportation Construction
    BY Jennifer R. Budd

    On July 28, 2021, the Senate voted 67-32 to advance a $550 billion infrastructure package to a final vote. The vote culminates months of negotiation to draw bi-partisan support for a compromised infrastructure deal of President Biden’s American ...

    Construction
    Promising News for the Gateway Project From Commissioner Zaro
    BY Jennifer R. Budd

    On April 19, 2021, Gateway Development Commission Trustee Jerry Zaro updated New Jersey Alliance members on the much anticipated and critically needed Gateway Program (the Program). The estimated $30 billion, 10-year Program will increase capacity ...

    Trademark & Copyright Law
    The Hidden Risk in Design-Build Project Negotiations: Copyrights
    BY Anthony H. Chwastyk

    Of the countless issues contractors face on a construction project, immediate problems like scheduling, workforce, payment, and materials supply often overshadow intellectual property concerns. But, they shouldn’t—especially for the design-build ...

    Infrastructure
    The American Jobs Plan—What Does it Mean for Utility, Heavy Highway, and Transportation Construction?
    BY Jennifer R. Budd

    This week, President Biden introduced the $2 trillion American Jobs Plan (AJP), which includes his blueprint for investing in the country’s infrastructure, utility, and transportation systems over the next eight years. If made into law, the ...

    New Jersey
    90-Day Delay: Why NJ Contractors Should File Construction Lien Claims Early
    BY Matthew L. Erlanger

    “There’s no time like the present”—cliché or not, this may become the new rule for when contractors should file their New Jersey lien claims during the pandemic, and probably after. Unlike lawsuits and other legal actions, New Jersey liens ...

    Economy
    2021 Construction Forecast: The Road to Recovery
    BY Kathleen M. Morley

    Despite the exhaustion and chaos that the COVID-19 pandemic brought to the construction industry in 2020, turning the page to 2021 offers several reasons for cautious optimism, including two approved coronavirus vaccines (with a possible third soon ...

    OSHA
    Biden Administration Calls on OSHA to Help Recalibrated COVID-19 Fight

    President Joseph Biden has directed the Occupational Safety and Health Administration (OSHA) to revamp its efforts to protect employees from COVID-19, including workers in the construction industry. Among the instructions given in a January 21, 2021 ...

    Labor & Employment
    Rare Criminal Enforcement for Violations of PA Workplace Misclassification Statute Leads to Dozens of Charges in Delaware County
    BY Christopher D. Carusone

    Pennsylvania Attorney General Josh Shapiro made the point in a recent press conference, saying, “When you misclassify employees, let me be clear what you are doing: You are stealing.” Under the Construction Workplace Misclassification Act (Act ...

    OSHA
    NJ Contractors, Take Note: How OSHA Compliance Can Preserve Workers’ Compensation Immunity
    BY Joseph L. Sine

    Contractors already know that ensuring their team members’ well-being tops the list of reasons for a strong safety and OSHA compliance program. A recent New Jersey state court decision just gave them another—preserving workers’ compensation ...

    Compliance
    Time to Update Those Subcontracts – PA’s Construction Industry Employee Verification Act Takes Effect Oct 7, 2020
    BY John A. Greenhall, Lisa M. Wampler

    Last summer, we advised that the Pennsylvania legislature was considering a bill that would require all construction industry employers, on both public and private projects, to use the E-Verify program operated by the Department of Homeland Security ...

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