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    Construction Law Now Blog

    Blog Category: Construction Law Now

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    Virginia
    More Details About the VA Governor’s Changes to the Newly Enacted Ban on Contingent Payment Provisions
    BY Jackson S. Nichols

    Last month we wrote about Virginia Senate Bill (SB) 550, which sought to amend VA ST §§ 2.2-4354 and 11-4.6 to prohibit the use of contingent payment provisions in public and private construction projects. Since then, SB 550 was formally enacted ...

    Virginia
    New Legislation Bans Contingent Payment Provisions in Virginia
    BY Jackson S. Nichols

    The Virginia Legislature passed a bill that, if signed into law by Governor Youngkin, would amend VA ST §§ 2.2-4354 and 11-4.6 to prohibit the use of contingent payment provisions in public and private construction projects. It states that ...

    Bonds
    DMV Little Miller Acts: How to Get Paid on Public Projects
    BY Jackson S. Nichols

    Welcome back to our DMV Construction Law Series, where each month we examine a different set of legal issues important to contractors. This installment delves into the state laws that allow contractors to assert claims on payment bonds for public ...

    Economy
    2022 Construction Forecast: Another Year of Recovery—and Challenges
    BY Kathleen M. Morley

    As we embark on 2022, the world continues to weather the ongoing effects of the COVID-19 pandemic. For the construction industry, the pandemic has spurred certain unique and daunting challenges that are, by now, unfortunately, familiar to industry ...

    Mechanics' Liens
    Virginia Mechanics’ Liens: What Contractors Need to Know
    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. Our fourth installment briefly examines certain key parts of Virginia’s Mechanic’s Lien Law that contractors should ...

    Labor & Employment
    How Changes to NY’s Wage Theft Laws Affect Contractors and Subcontractors

    Effective January 4, 2022, New York’s amended wage theft laws enable a subcontractor’s employees to obtain judgments for unpaid wages directly against a contractor that hired their employer. The New York laws aim to provide subcontractors’ ...

    Contract
    How PA’s Proposed Anti-Indemnification Statute May Affect the “Belt-and-Suspenders” Approach to Risk Transfer in Construction Contracts
    BY Jonathan A. Cass

    In a January 2021 memorandum, Pennsylvania State Representatives Todd Stevens and Michael Driscoll reintroduced a bill that, if passed, would amend 68 P.S. § 491 to significantly limit the breadth of indemnification provisions in construction ...

    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 ...

    Cohen Seglias
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