The U.S. Environmental Protection Agency (EPA) has rapidly implemented a new rule regarding jurisdiction under the Clean Water Act (CWA), making use of an exception to the Administrative Procedure Act’s normal requirement for public notice and comment. The new rule concerns the definition of “Waters of the United States,” and comes in response to a…
In a flurry of activity over the past month, ending in August, the National Labor Relations Board (the “Board”) has delivered two pivotal decisions as well as a definitive final rule pertaining to representation cases. These recent developments mark significant shifts in the legal landscape for unions and employers alike. The Board, within its decision…
In a world where real estate constuctivist challenges abound and property rights regulations are fluid, a recent Supreme Court ruling in Israel might just stir the pot. Deliberating over the case where the rights of a building were questioned, the Supreme Court’s verdict will have significant ramifications for all real estate players. The judgment asserts…
For professionals in the world of corporate law and construction, especially those pertaining to the Texas jurisdiction, new legislation has passed which could have substantial effects on how change orders are handled. The legislation in question is House Bill 3485, recently passed by the Texas legislature. This bill sets a significant limit on owner-directed change…
In a departure from decades of precedent, the National Labor Relations Board (NLRB) has instituted mandatory bargaining for employers accused of committing unfair labor practices during the union election process. This move signifies a notable change in the NLRB’s rulings and is seen to ease the efforts of labor unions in organizing new workforces. In…
Legal professionals should take note of a significant shift occurring in the National Labor Relations Board’s (NLRB) union recognition practices. Last week, the NLRB signaled a clear preference for employers to voluntarily recognize unions based on a “card check” system, rather than utilizing the traditional secret ballot election. This has significant implications for corporations and…
In a push towards green energy, several cities in Massachusetts are looking to impose prohibitions on gas hookups in both new construction and renovated buildings. This move is in line with regulations promulgated last year by the Massachusetts Department of Energy Resources. As outlined in 225 CMR 24.00, only ten cities or towns are authorized…
In a significant policy shift with potential wide-ranging implications, the National Labor Relations Board (Board) reversed nearly half a century of precedence in the case involving Cemex Construction Materials Pacific, LLC (Cemex). As was established August 25, 2023, if an employer commits an Unfair Labor Practice (ULP) during the very decisive “critical period” before a…
In a shift from over fifty years of established law, the National Labor Relations Board (NLRB) has issued a decision that mirrors a union-friendly framework. This decision was announced on August 25, 2023, in the context of Cemex Construction Materials Pacific LLC (N.L.R.B., Case 28-CA-230115). As per this recent development, the ruling outlines a changed…
In a recent report on real estate and construction, a number of significant developments have been highlighted that are shaping the sector. These include how advancements in AI technology are predicting home prices, the impact construction is having on the economy, and the potential for streamlined communications within the development industry. One notable area of…
In a recent ruling by the Utah Court of Appeals, the power and influence of integration clauses have been reinforced substantially. This judicial decision, as explored in this in-depth analysis, is particularly relevant for legal professionals involved in construction law and associated contracts, but its implications hold for many other sectors as well. During disputes…
In July 2023, Ontario’s Ministry of Energy unveiled its blueprint for the procurement and conservation of the electricity resources required to meet rising demand in the province. Titled “Powering Ontario’s Growth: Ontario’s Plan for a Clean Energy Future,” this 84-page document details the province’s strategy to construct clean electricity generation, storage, and transmission infrastructure. This…
In the constantly shifting terrain of employment law, recent developments by the National Labor Relations Board (NLRB) and Department of Labor (DOL) could introduce significant implications for employers. Of particular note is an impactful decision enacted by the NLRB in the dispute of Cemex Construction Materials Pacific last week. This decision has resurrected certain aspects…
The U.S. Department of the Treasury has recently released a proposed rulemaking related to prevailing wage and apprenticeship (PWA) requirements for increased tax credits. This initiative has been established by the Inflation Reduction Act of 2022 (IRA), and includes an increase in the investment tax credit under section 48 of the Internal Revenue Code (ITC),…
In an unprecedented move, the First Tier Tribunal in the UK has issued the first remediation order under the Building Safety Act 2022. This landmark order compels a landlord to undertake necessary works to rectify fire safety defects in a building. The development is being regarded as a decisive step towards enhanced fire safety enforcement…
On August 23, 2023, the U.S. Department of Labor (DOL) updated its interpretation and implementation of the Davis-Bacon and Related Acts for the first time in almost 40 years. Published in the Federal Register (88 Fed.Reg. 57526), these revised regulations affect prevailing wages and fringes contractors need to pay their workers on federal and certain…
In light of a significant heatwave that Phoenix Valley in Arizona experienced recently, many questions are raised about the local water supply and its implications for the local construction industry. Developers and contractors find themselves pondering over how administrative changes in development review policies will affect construction projects in the region. Here’s what legal professionals…
In an update from August 29, 2023, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers have a significant amendment to the definition of “waters of the United States” (WOTUS). This announcement pertains to a pre-publication version of their final rule, which is a reaction to the court decision in the…
The New York insurance law landscape saw a significant change in August 2023, courtesy of a high-stakes legal case involving a subcontractor, a construction project owner, and a general contractor. The critical issue in contention was the legal validity and interpretation of an insurance policy exclusion clause for bodily injury to an employee. This landmark…
In a significant recent development, the National Labor Relations Board (NLRB) announced a new framework for union representation proceedings through a decision in the Cemex Construction Materials Pacific, LLC case. This announcement signals a substantive change in how employers are obligated to communicate and interact with unions without a representation election. In its landmark decision,…
In a recent ruling, the National Labor Relations Board (NLRB) has made it significantly easier for employees to achieve union representation without necessitating an election. This decision marks a significant change in the legal landscape for union avoidance, at a time when union organizing is witnessing a resurgence. The landmark decision came down on Friday,…
Changes are afoot for federal construction contractors in the United States, as the Davis-Bacon Act and the Davis-Bacon Related Acts undergo significant modifications. As detailed in a recent posting on JD Supra, the Department of Labor (DOL) is implementing adjustments that will increase both prevailing wage and fringe benefit requirements for contractors working on government…
In recent news, a construction contractor successfully contested a COVID-related construction claim, an uncommon outcome that could provide insights for future litigation. Typically, such claims – particularly those tied to pandemic-related costs under fixed-price contracts – are more often denied by courts and boards than approved. This recent case, summarized by PilieroMazza PLLC, outlines important…
The new framework devised by the National Labor Relations Board (NLRB) for streamlining the unionization process continues to face potential legal obstacles despite having defined features aimed at bypassing some of the anticipated hurdles in federal courts. In the recent Cemex Construction Materials Pacific case, the NLRB has placed the responsibility on employers to initiate…
In a significant development for organized labor, the National Labor Relations Board (NLRB) has simplified the path to unionization, allowing unions to represent workers without necessitating a formal representation vote. The decision was handed down by the NLRB, led by its Democratic majority. As stated in the judgement, the case in question involved Cemex Construction…