On Wednesday, July 28, 2021, the INVEST in America Act (H.R. 3684) approved by the House of Representatives cleared its first hurdle in the Senate. The Senate voted 67 to 32 (with one senator absent) to proceed to debate on
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House Passes $715 Billion Transportation Bill
Despite President Biden’s approval of a bipartisan infrastructure plan, the House of Representatives passed HR 3684 known as the Invest in America Act , and sponsored by Representative Peter DeFazio(D) of Oregon, yesterday along party lines with a vote of…
$579 Billion Infrastructure Package Clears Some Partisan Hurdles
On June 24, 2021, President Biden approved a $579 billion infrastructure package proposed by a bipartisan group of senators last week. Some $185 billion appears earmarked for actual infrastructure projects including bridges, roads, ports, waterways, public transportation and safety. According…
Illinois Appellate Court: Illinois Construction Industry Groups Have Standing to File Lawsuit But Lose Their Constitutional Arguments
Under a recent Illinois appellate court decision, local Illinois construction industry groups were held to have standing to sue Cook County, Illinois, but those groups lost on their substantive claim that the County had violated an amendment to the Illinois…
<a href="/blogs/70781"><h3>Important Buy American Policy Changes</h3></a>
Our construction group provides updates focusing on: 1) new changes to the Buy American regulations, and 2) how Executive Order 14005, which limits waivers of Buy American Requirements, is of importance to construction companies that work on federal projects.
<a href="/blogs/70683"><h3>Massachusetts Trial Court: Construction Prompt Payment Statute Requires Strict Compliance</h3></a>
A recent Massachusetts trial court decision ruled that any objections to a payment application are waived unless a reviewing owner or contractor strictly follows the Massachusetts Prompt Payment Statute, Prompt Payment Act, G.L. c. 149, § 29E, which applies to…
<a href="/blogs/70301"><h3>Best Practices in Pennsylvania Public Construction Preparation of the “Front-End” Bidding Requirements</h3></a>
Public construction in Pennsylvania and elsewhere continues to present substantial challenges to local governmental entities, especially in current circumstances. While some projects have been deferred, the normal course of public construction programs is likely to resume. Local governments, and…
Michigan Supreme Court: CGL Insurance Policy May Provide Contractor With Coverage for Subcontractor’s Faulty Work
On June 29, 2020, the Michigan Supreme Court ruled that a subcontractor’s commercial general liability (CGL) insurance policy may provide a contractor listed as an additional insured on the CGL policy with insurance coverage for correcting the subcontractor’s faulty work.…
U.S. Supreme Court: Non-Signatories to an International Contract Might Be Able to Compel Arbitration
In a unanimous decision, the U.S. Supreme Court recently ruled that a non-signatory to an agreement requiring arbitration for disputes might be able to compel arbitration under state law equitable estoppel arguments. The decision held that the New York Convention…
UPDATE: Maryland Court of Appeals Holds that an AIA Contract's Mutual Waiver of Subrogation Precludes Contribution Liability under Maryland Joint Tort-Feasors Act
On May 26, 2020, the Court of Appeals of Maryland (Maryland’s highest court) held that where one of the two parties to an AIA contract sues or settles with a third party, the AIA contract’s mutual waiver of subrogation precludes…