On October 6, 2023, the Office of Federal Contract Compliance Programs (OFCCP) declared its plans to conduct an additional dozen compliance reviews of construction megaprojects. This was announced alongside a previously released list of another 12 projects scheduled to undergo identical scrutiny. These 24 compliance reviews are a part of the OFCCP’s Mega Construction Project…
The Arkansas Department of Energy & Environment – Division of Environmental Quality (DEQ) and a site operator based in North Little Rock, namely, Maly Constructions, LLC (MC), have recently entered into a Consent Administrative Order (CAO). The CAO responds to alleged violations of the Arkansas Asbestos Rule, a troubling development that underscores the ongoing complexities…
In this week’s update, we put a spotlight on several intriguing developments in the real estate and construction sectors. As first reported on JDSupra, the continued impact of market dynamics on homeownership trends amongst younger Americans, often referred to as millennials, is clear. Despite historically low-interest rates, the homeownership dream appears to be increasingly inaccessible…
Florida has recently made significant changes to its construction lien law. The law, which came into effect on October 1, 2023, has seen amendments that encompass critical aspects, including lien rights, notice requirements, consultant bond amounts, and attorney fee recovery regulations. These changes are set to impact how legal professionals approach their practice in construction-related…
The Kingdom of Saudi Arabia has enacted a new Civil Code that underscores its commitment to inviting the international business community into its jurisdiction. One component that merits close attention, especially for project owners, contractors and service providers across the energy, construction and infrastructure sectors, is the newly implemented liquidated damages regime. Article provided by…
On September 29, 2023, the National Institute of Standards and Technology’s (NIST’s) CHIPS Program Office unveiled an additional funding opportunity announcement (FOA) for the development, expansion, or modernization of facilities targeting the production and manufacture of semiconductor materials and related manufacturing equipment. The event is significant as up to $500 million will be awarded through…
New Zealand based firm, K3 Legal has made its international debut with the launch of services in Hong Kong. This venture is in association with local practice Fred Kan & Co. According to K3 Legal director Margaret Chen, the choice of location was due to Hong Kong’s pivotal role in China, its status as an…
The U.S. Internal Revenue Service (IRS) has proposed a new set of regulations to impart robust tax incentives for qualifying renewable-energy construction projects. As outlined in the Inflation Reduction Act, these enticing financial rewards are not without their conditions. However, the full amount can be claimed by businesses for eligible projects, provided they meet the…
The month of September 2023 saw an increase in enforcement actions in the sphere of international trade, particularly concerning Iran. Notably, the Office of Foreign Assets Control (OFAC) announced settlements with two prominent entities, 3M and Emigrant Bank, both accused of contravening the Iranian Transactions and Sanctions Regulations (ITSR). In addition to corporate indictments, individuals…
On October 6, 2023, with less than a week into its new 2024 fiscal year, the Office of Federal Contract Compliance Programs (OFCCP) announced a new list of mega construction designees. This list, part of the OFCCP’s Mega Construction Project (Megaproject) Program, identifies twelve new construction 'megaprojects'. The Megaproject Program within the OFCCP is a…
The New York City Council convened last Thursday in a stated meeting, where numerous pieces of legislation were passed and introduced. Amongst the adopted legislations was one aimed at improving the city’s green cover, by necessitating an annual forest plan that would help expand the city’s tree canopy to 30 percent coverage. Another significant bill…
U.S.-based legal firms Kirkland & Ellis and Latham & Watkins are set to expand their office spaces in London. This move signifies an ongoing growth of U.S headquartered firms in the U.K. Kirkland & Ellis, currently having its new office under construction at the 40 Leadenhall Street development in London, plans to increase the previously…
Slip and fall cases have long been a contentious subject in personal injury litigation. One such case, dissected and examined in detail in a recent post by McNees Wallace & Nurick LLC, presents an interesting study of deconstruction and the lengths at which one must go during litigation. In this particular case, the team at…
In the legal landscape of urban development and zoning, an issue of significant interest is on the horizon. The United States Supreme Court has granted certiorari in the case George Sheetz v. County of El Dorado, deciding to shed some light on a matter that has lingered for several decades without official Supreme Court scrutiny….
Law firms have more than just legal expertise to offer. They are uniquely positioned to lend support and foster innovative projects that benefit society at large. One such initiative is Project W: Warming the Heart and Body, spearheaded by Davis Wright Tremaine LLP. This project arose from a personal journey and has evolved into a…
The United States Energy Information Administration (EIA) published a report on October 3rd noting a significant downturn in construction costs for solar, wind, and natural gas-fired generators during 2021. This change in expenses is a trend along with the rise in renewable energy technologies and the switch to cleaner generation methods. This report, aptly titled…
The issue of energy compliance is currently under the spotlight as a growing number of US states, along with the District of Columbia, have enacted greenhouse gas legislation. These laws consist of a mandate for owners of particular commercial infrastructures which stipulates adherence to state energy standards and necessitates annual reporting of building energy consumption….
In a move that has significant implications for employers in the construction industry, the National Labor Relations Board (NLRB) has issued a reversal of long-standing precedent, thereby making it easier for unions to represent employees without a secret ballot election. The decision, which has the potential to reshape traditional “9(a)” relationships, does not impact pre-hire…
In Western Australia, modifications in legislation have compelled key stakeholders in the construction industry to address the conditions related to performance security in all recent construction contracts for projects taking place in the region. The updated statutes impose new rights and duties relating to performance security and direct its utilization, availability, and return, notwithstanding the…
Renowned law firms worldwide have been shifting their eyes and offices to the heart of the City of London, an intrigue commonly referred to as law’s puzzling fascination with the Square Mile. Historically, there have been famous locations associated with specific industries, such as Fleet Street for newspapers, Wall Street and Canary Wharf for finance,…
In the September 2023 issue of the Saiber Construction Law Column, focus was given to the subject of forum selection clauses in contractual agreements, which is increasingly relevant in our globalized business world. Essentially, a forum selection clause serves as an agreement between parties to establish a venue – the location of the court –…
In a notable development in the legal landscape of employment law, the Superior Court recently utilized an idiopathic defense, resulting in a rare victory for the employer. In the case of Duane Sykes v. George Harms Construction Company, Inc., (No. A-3320-20 (App. Div. 2023)), decided on September 28, 2023, the respondent was found in favor…
In an eye-opening development, former NFL star is making a foray into real estate. This news complements the overarching theme of the evolving landscape of the American property and construction industry. Turning the focus on trends outside of game fields can offer representatives of leading organizations insightful perspective into this expanding market. One of the…
As the wave of digital transformation shakes every sector, the construction industry is no exception. Today, technologies such as artificial intelligence (AI), advanced analytics (AA), cyber-physical systems (CPS), machine learning (ML), and robotics are driving a revolution in the industry, bolstering productivity, efficiency, and connectivity while enabling stronger service offerings. This digital shift, amplified by…
The Sunshine State has been making legal headlines again with the introduction of Florida Senate Bill 102, colloquially known as the Live Local Act. The Act is designed to promote certain types of development by offering substantial ad valorem tax exemptions, in a push to encourage the construction of more middle-income housing. Under the Act,…