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  • Article

    The Status Of OSHA's Impending Heat Stress Standard

    There has been much talk in the last several months about OSHA's intent to establish a national standard to prevent heat-related injury and illness. OSHA's Region VI, covering the states...
    United StatesEmployment and HR
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    Deescalating Hyper Escalation

    Legislation at the federal and state levels would address record materials price increases in public procurement. Recent years have seen the construction industry get hit...
    United StatesGovernment, Public Sector
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    Texas Statutes Provide Leverage In Unsigned Change Order Work

    It is a common occurrence for a contractor or subcontractor to encounter a situation where they are ordered to perform extra work without a signed change order.
    United StatesGovernment, Public Sector
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    We Won’t Permit That Excuse!

    A Texas appellate court's recent ruling on building permits as conditions precedent offers crucial insights for construction contract drafting. The decision highlights the critical distinction between contractual promises and conditions precedent, demonstrating how ambiguous language can lead to unexpected legal outcomes and why contractors must carefully specify owner obligations like site access, permits, and specifications as conditions precedent to protect their interests.
    United StatesReal Estate and Construction
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    California Employers Beware: SB 1162 Expands Pay Data Reporting And Transparency Requirements

    On September 27, 2022, Governor Newsom signed the Pay Transparency Act ("SB 1162") amending California Government Code section 12999 and California Labor Code section 432.3. Of note...
    United StatesEmployment and HR
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    EPA And Corps Of Engineers Release Final Navigable Waters Protection Rule

    On January 23, 2020, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers released their final regulations redefining the term "waters of the United States."
    United StatesEnvironment
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    Second Circuit Brings Clarity To Scope Of "Joint Employer" Theory In Discrimination Cases

    The "joint employer" doctrine has been used with increasing frequency by the plaintiffs' bar to broaden the scope of target defendants in discrimination cases beyond...
    United StatesEmployment and HR
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    New York Revises Retainage Requirements For Private Construction Contracts: Overview Of The "5% Retainage Law"

    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%.
    United StatesReal Estate and Construction
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    Federal Regulations Now Require All Government Contractors To Have A Comprehensive Compliance Program

    Contractor compliance programs are now mandatory.
    United StatesGovernment, Public Sector
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    Bridging Documents And Design-Build Warranties: Building Bridges To Avoid Pitfalls

    Design‐build has continued its steady ascent in both the private and public spheres, revolutionizing how stakeholders approach construction projects.
    United StatesReal Estate and Construction
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    Mitigating The Consequences Of Labor Unrest On Construction Projects

    Until this past year, we have enjoyed an era of relative labor stability. It's true, however, that labor unrest frequently coincides with inflationary pressure on prices, something that we are currently experiencing.
    United StatesReal Estate and Construction
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    Bankruptcy and Construction Projects: What You Need to Know

    In today's challenging construction market, contractors and developers must be prepared to handle bankruptcy law issues that may arise during the course of their construction projects.
    United StatesReal Estate and Construction
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    Department Of Labor Changes Prevailing Wage Rate Calculation And Other Davis Bacon Regulations

    The Department of Labor ("DOL") will soon issue final rules governing payment of workers on federal construction projects.
    United StatesEmployment and HR
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    U.S. Supreme Court Decision May Negate State Law Requirement To File A Certificate Of Merit With The Complaint In A Federal Action Against A Design Professional

    A recent U.S. Supreme Court decision may fundamentally alter how certificate of merit statutes apply in federal courts, potentially eliminating long-standing procedural requirements that design professionals have relied upon to deter frivolous claims.
    United StatesLitigation, Mediation & Arbitration
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    Merger And Disclaimer Of Reliance Clauses: Guarding Against Crossed Fingers

    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...
    United StatesCorporate/Commercial Law
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    Wetlands Or No Wetlands? These Are Murky Waters

    Whether or not a piece of property is a wetland may have tremendous financial consequences, both from permitting and delay standpoints.
    United StatesEmployment and HR
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    Should I Go Green? Part I - An Introduction

    Hopefully, this is simply a rhetorical question. As the reality of global warming, or climate change, sinks in, it is obvious that many aspects of the global economy, if not fueled by green, will have green components.
    United StatesEnvironment
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    New York State Follows Lead of New York City In Addressing False Claims

    In 2005, New York City enacted false claims legislation as part of the city’s administrative code. The NYC law, modeled loosely after the Federal False Claims Act, was passed to protect New York City from "false or fraudulent claims."
    United StatesCriminal Law
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    Waiving Consequential Damages—What Could Go Wrong?

    You are inexcusably late with construction of a football stadium, a casino, or similar project that generates large income for the owner.
    United StatesReal Estate and Construction
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.
  • Article

    Green Development - Here To Stay?

    The Earth Day movement of 1970 has come full circle. The "save the planet" mantra of three decades ago is currently being translated from matters of principle and idealism to the practical implementation of such principles within the fabric of everyday life.
    United StatesEnvironment
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C.

Showing 141–160 of 174 results

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