Waiving Consequential Damages—What Could Go Wrong?
Peckar & Abramson | Client Alerts
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1M ago
This article was written for the ConsensusDocs newsletter and first appeared here. You are inexcusably late with construction of a football stadium, a casino, or similar project that generates large income for the owner. The indirect damages, often referred to as consequential damages, that flow from the delay can be astronomical to the point of breaking your company if it ..read more
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Final Rule Regarding Project Labor Agreement Requirements for Large-Scale Federal Construction Projects
Peckar & Abramson | Client Alerts
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2M ago
Beginning on January 22, 2024, in compliance with President Biden’s February 4, 2022 Executive Order, 14603, federal construction projects with a total estimated cost of $35 million are required to utilize a project labor agreement (“PLA”) unless the contracting agency grants an exception. The Federal Register estimates that this rule will impact approximately 119 IDIQ contracts each year; these contracts ..read more
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New York Revises Retainage Requirements for Private Construction Contracts: Overview of the “5% Retainage Law”
Peckar & Abramson | Client Alerts
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2M ago
On November 17, 2023, the State of New York enacted the “5% Retainage Law.” This legislation effectively limits the amount of retainage that can be held from general contractors and subcontractors to no more than 5%. It applies to many but not all construction contracts. In addition, the new law revises late stage billing requirements, enabling contractors to invoice for ..read more
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United States Department of Labor Finalizes Independent Contractor Rule
Peckar & Abramson | Client Alerts
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2M ago
On January 10, 2024, the Wage and Hour Division of the U.S. Department of Labor issued its long awaited final rule, Employee or Independent Contractor Classification Under the Fair Labor Standards Act.[1] The rule addresses how to determine whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act and overturns the March 8 ..read more
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Identifying and Mitigating Risk in an Ever-Changing Construction Market
Peckar & Abramson | Client Alerts
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3M ago
Nathan A. Cohen, managing partner of P&A's Los Angeles office, authored "Identifying and Mitigating Risk in an Ever-Changing Construction Market" for the Engineering News-Record's Law & Risk Mitigation Today II issue. This article highlights practical and equitable approaches to determining the most effective ways to price and mitigate risks associated with construction projects. The full article can be read here ..read more
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Merger and Disclaimer of Reliance Clauses: Guarding Against Crossed Fingers
Peckar & Abramson | Client Alerts
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3M ago
This article was written for the ConsensusDocs newsletter and first appeared here. We have all been there, though we would likely want to forget it. The nightmare project is over and after much back-and-forth negotiations over dueling claims, the parties finally reach an agreement to settle their dispute. The lawyers prepare a global settlement agreement that the principals for each ..read more
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New Jersey Court Upholds Registration Requirement for Joint Ventures Bidding on Public Works Contracts
Peckar & Abramson | Client Alerts
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3M ago
Introduction In a matter of “first impression,” on November 30, 2023, the Appellate Division affirmed the New Jersey Superior Court decision in Ernest Bock & Sons-Dobco Pennsauken Joint Venture v. Township of Pennsauken and Terminal Construction Corp., finding that the New Jersey Public Works Contractor Registration Act, N.J.S.A. 34:11-56.48 to -56.57 (“PWCRA” or the “Act”), applies to a joint venture ..read more
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Wyncrest Commons: Commonly Used Progress Payments in Construction Contracts Do Not Render Them Installment Contracts
Peckar & Abramson | Client Alerts
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4M ago
In BIL-JIM Construction Company, Inc. v. Wyncrest Commons, LP, 2023 WL 7276637 (Unpublished, decided November 3, 2023), the New Jersey Appellate Division was asked to consider two issues regarding the interpretation and application of a construction contract that utilized the standard form American Institute of Architects owner/contractor agreement (AIA Document A101-2007) (the “AIA Contract”). Specifically, it was asked to consider ..read more
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FINAL GUIDANCE ISSUED ON INFRASTRUCTURE BILL DOMESTIC SOURCING REQUIREMENTS: “BUILD AMERICA, BUY AMERICA”
Peckar & Abramson | Client Alerts
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6M ago
On August 15, 2023, the Office of Management and Budget (“OMB”) released its final guidance to federal agencies regarding the implementation of the Build America, Buy America (“BABA”) requirements under the Infrastructure Investment and Jobs Act (“IIJA,” or “Bipartisan Infrastructure Bill”). Visit our Government Contracts Law blog here to read more about the final guidance ..read more
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Effective Strategies for Managing Subcontractor Enrollment in a Volatile Market
Peckar & Abramson | Client Alerts
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6M ago
Brett J. Moritz, Ricky Robinson This article was written for the ConsensusDocs newsletter and first appeared here. The subcontractor enrollment process for contractors can be time-consuming and has the potential to delay a project before it starts. From verifying credentials, to negotiating legal terms, to defining project requirements, the entire process can take weeks, if not months. The delays present the possibility of variations between ..read more
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