The decision of the U.S. Court of Appeals for the Fifth Circuit in BST Holdings, L.L.C. v. Occupational Safety and Health Administration , 2021 WL 5279381 (5th Cir. Nov. 12, 2021)(Unpublished), recently extended a sweeping stay of OSHA’s vaccination mandate
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Federal Infrastructure Bill Set to Supercharge P3 Spending
By Publisher
Development through public-private partnerships or “P3s” has increased sharply in the past several years, and is poised for an even bigger jump thanks to Uncle Sam. The infrastructure bill, which passed the U.S. House of Representatives last week as H.R.…
Federal Infrastructure Bill to Codify Streamlining of Federal Permitting Process in Major Infrastructure Projects
By Publisher
The Infrastructure Investment and Jobs Act, which passed in the House of Representatives on Friday, November 4th and is expected to be signed into law in the coming weeks, includes an important, permanent streamlining to the federal permitting and environmental…
Delaware Federal Court Imposes Limit on Surety's Liability Under Performance Bond
By Publisher
A recent decision from the United States District Court for Delaware held that a surety was not liable for consequential damages to a building owner after a default by its contractor because the surety’s liability could not be greater than…
Massachusetts Federal Court: Contractor and Contractor's Owner Personally Liable for Fraud and Conversion for Failing to Pay Subcontractor; Contractor Also Liable for Millions Resulting From Termination for Cause
By Publisher
A recent decision from the United States District Court for Massachusetts held a contractor and its owner personally liable for failing to pay a subcontractor and held that the contractor was liable for millions in damages to the owner resulting…
Notice and Opportunity to Cure: Only if Specifically Required in a Construction Contract
By Publisher
A Texas appellate court recently ruled that an owner properly terminated its contract with a contractor, despite the owner’s failure to provide the contractor notice and an opportunity to cure. See TPG (Post Oak) Acquisition, LLC, et al. v. Greystone…
Combating Material Supply Disruptions and Cost Escalation
By Publisher
The construction industry is confronting new post-COVID challenges – construction materials shortages, extreme material price increases and supply chain disruptions, all of which are exacerbated by economic uncertainty.
House at War with Infrastructure as the Battleground
By Publisher
On August 9, 2021, the Senate passed a heavily amended version of the INVEST in America Act approving $1 trillion in infrastructure funding. That same day, House Speaker Nancy Pelosi doubled down on her promise that the House will not…
Senate Passes $1 Trillion Dollar Infrastructure Bill
By Publisher
On August 9, 2021, the Senate passed a heavily amended version of HR 3684, the INVEST in America Act, which will extend approximately $450 billion in FY2021 infrastructure funds through 2022 and provide more than $547 billion in additional funding…
Senate Passes $1 Trillion Infrastructure Bill
By Publisher
On August 9, 2021, the Senate passed a heavily amended version of HR 3684, the INVEST in America Act, which will extend approximately $450 billion in FY2021 infrastructure funds through 2022 and provide more than $547 billion in additional funding…