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    Construction Law Now Blog

    Blog Category: Construction Law Now

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    Bidding
    Influence the Outcome: A Contractor’s Guide to NJDOT’s Proposed Bidding Rules
    BY Jennifer R. Budd, Matthew J. Hentz

    The New Jersey Department of Transportation (NJDOT) recently proposed extensive amendments to the regulations governing public bidding. While these changes are aimed at revising the prequalification framework and updating the bidding provisions, ...

    Material Escalation
    Managing Construction Contracts in an Era of Tariffs and Escalation

    Tariffs, trade tensions and material cost escalations are more than just headlines—they are challenges that contractors face every day. In our recent Q&A webinar, we tackled contractors’ pressing questions on protecting themselves from these ...

    Bidding
    White Lie Or Wire Fraud? Why Contractors Must Carefully Follow Contract Requirements

    Can deception used to secure a construction project bid constitute mail or wire fraud, even if there was no intent to financially harm the bid solicitor or even lower the project’s cost? That’s one of the questions the United States Supreme ...

    Material Escalation
    Tariffs and Material Escalation Terms During Trump 2.0
    BY Matthew C. Long

    During the first Trump administration and the pandemic, contractors frequently demanded contract terms allowing price adjustments if the cost of materials increased due to tariffs or pandemic-era supply chain disruptions. These terms were vital to ...

    New York
    Don’t Get Caught Off Guard: Are Your Contracts and Construction Practices New York Compliant?

    Recent updates to New York’s already complex construction laws require owners, developers, general contractors and subcontractors to revisit their construction contracts to ensure compliance with current New York law and limit unnecessary risk. ...

    Virginia
    Navigating the Virginia Public Procurement Act: Essential Claim Deadlines and Pitfalls
    BY Matthew C. Long

    Nearly all construction contracts contain terms dictating when and how a contractor must pursue claims for contractual relief. However, these terms are not always strictly enforced. A contractor’s failure to timely submit a claim may not prevent ...

    Construction Disputes
    Negotiating Construction Disputes: Lessons Learned from “Getting to Yes”
    BY Robert G. Ruggieri

    Disputes are a fact of life in the construction industry. As a practicing construction attorney for twenty years, both with a law firm and in-house at a national construction contractor, I have negotiated and helped resolve hundreds of construction ...

    Transportation
    Exploring Major Certification Changes in the USDOT’s DBE Program
    BY Lori Wisniewski Azzara

    The United States Department of Transportation (DOT) announced on April 9, 2024 significant updates to the Disadvantaged Business Enterprise (DBE) program regulations that are set to go into effect on May 9, 2024. The rulemaking process began on ...

    Infrastructure
    Finally—A De Minimis Exemption for Buy America
    BY Jennifer R. Budd

    In November 2021, Congress passed the bipartisan Infrastructure Investment and Jobs Act (IIJA), pledging to invest $1 trillion into new infrastructure nationwide. For more than 40 years, the Build America Buy America Act (Buy America) has required ...

    OSHA
    Final Warning: Are You Complying with OSHA’s New Reporting Requirements?
    BY Joseph L. Sine

    In July 2023, the U.S. Department of Labor announced a new rule expanding the injury and illness reporting requirements for many construction companies. The new rule, which went into effect on January 1, 2024, requires companies in certain ...

    Cohen Seglias
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