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  • Article

    Maryland Federal Court Rules That An Arbitration Provision In A Construction Contract Giving Only One Party The Right To Select Arbitration Is Unenforceable

    In a recent United States District Court for the District of Maryland decision, U.S. ex rel. Birckhead Electric, Inc. v. James W. Ancel, Inc...
    United StatesReal Estate and Construction
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    Courts Address Contract Implications Of Utilizing Subcontractor Bids

    Two recent cases dealing with New Jersey law examine from different points of view the implications that ensue as a result of a general contractor’s utilization of a subcontractor’s bid price when the general contractor submits its bid for the overall work to the owner.
    United StatesReal Estate and Construction
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    Design-Build – All About Alignment

    As a partner in Peckar & Abramson's New Jersey and New York offices, Levi W. Barrett spends a lot of his time pondering legal risk within the construction trades.
    United StatesReal Estate and Construction
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    Tarriffs, A Pandemic And War: Construction Contracts Must Withstand The Unforeseeable

    Since the tariffs on steel and the first wave of the COVID-19 pandemic, the construction industry has been reeling from the impact of material shortages and price increases...
    United StatesCoronavirus (COVID-19)
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    Preserving Confidentiality: Strategies For Employers Amid The FTC Ban On Noncompetes

    The Texas courts have long had a love/hate relationship with noncompete agreements. For some time, such restrictions were considered unenforceable until the legislature stepped in four decades ago.
    United StatesEmployment and HR
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    Immigration Issues: Contractor Liability

    There are an estimated 12 million illegal immigrants in America, making up about 5 percent of the workforce. According to the Pew Hispanic Center, illegal immigrants constitute 14 percent of construction workers.
    United StatesImmigration
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    The Enforceability Of "Pay-If-Paid" Provisions Affirmed In New Jersey

    On December 7, 2022, the Appellate Division affirmed the New Jersey Superior Court decision in Jersey Precast v. Tricon Enterprises, Inc. et al., finding that the "pay-if-paid" clause....
    United StatesReal Estate and Construction
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    You Are On Notice: Failure To Comply With Contractual Notice Provisions Can Be Fatal To Your Claim

    Imagine your firm is the construction manager on a multi-million-dollar project. At the end of the project you are five million dollars out-of-pocket.
    United StatesReal Estate and Construction
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    Highest California Court Issues Two Decisions On The Prevailing Wage Law Narrowing The Scope Of Its Coverage

    The California Supreme Court recently issued two important decisions reinterpreting and limiting the historically broad application of California's prevailing wage law: Mendoza v. Fonseca McElroy Griding Co.
    United StatesEmployment and HR
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    A Win For Clarity: What A Recent Federal Court Decision Means For Davis-Bacon Compliance

    Following the Department of Labor’s 2023 Davis-Bacon rule changes, federal construction contractors faced a pressing question: not whether paying prevailing wages is required, but how far those obligations could extend.
    United StatesGovernment, Public Sector
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    The Requirement To State A "Sum Certain" No Longer A Jurisdictional Bar To Government Contract Claims

    The Boards of Contract Appeals, Court of Federal Claims, and the Federal Circuit have long held that the elements of a claim under the Contract Disputes Act ("CDA") to be jurisdictional.
    United StatesGovernment, Public Sector
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    Preparing For The Threat Of New Tariffs: Three Clauses To Look For In Your Federal Construction Contracts

    The Trump administration's imposition of new tariffs is anticipated to have large-scale effects on costs in the construction industry.
    United StatesGovernment, Public Sector
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    The Federal Freeze Playbook: Key Steps For Government Contractors Amid A Potential Federal Funding Freeze

    This Alert will provide an overview of the current status of the Federal Funding Freeze and five key steps that can be taken in preparation for what may come.
    United StatesGovernment, Public Sector
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    Navigating The Executive Order Ending Affirmative Action And DEI For Federal Contractors: Essential Steps For Compliance

    Federal contractors, subcontractors and grantees have until April 21, 2025, to comply with President Trump's Executive Order ("EO") 14173 entitled "Ending Illegal Discrimination and Restoring Merit-Based Opportunity."
    United StatesCompliance
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    The Clock Is Ticking: Construction Delays And Liquidated Damages

    With the on-going shortage of construction workers in the industry and other factors ranging from weather to procurement problems...
    United StatesGovernment, Public Sector
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    Time To "Construct" New Social Media Policies

    Social media has significantly impacted all facets of society, especially the way people communicate.
    United StatesMedia, Telecoms, IT, Entertainment
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    Bright-Line Changes: Prompt Payment Act Trends

    Untimely payment by the owner for contract work and additional work on construction projects can place an unfair financial burden on contractors and subcontractors. Most states have attempted to eliminate...
    United StatesReal Estate and Construction
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    Retainage: What Contractors Need To Know And Helpful Strategies

    Most, if not all, construction contracts contain a provision for "retainage." The origin and concept of retainage dates back to the railroad boom that embraced Great Britain in the 1840s.
    United StatesReal Estate and Construction
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    Bidder Be Thoughtful: The Impacts Of Disclaimers In Pre-Bid Reports

    When bidding a project, subsurface or latent site conditions that are not immediately apparent can massively impact the costs of performance to general contractors.
    United StatesCorporate/Commercial Law
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    Project Delivery Methods: A Bird's-Eye View

    For centuries the ability to construct sophisticated structures has been the yardstick for measuring civilizations.
    United StatesReal Estate and Construction
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.

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