It is common to include non-compete and non-solicitation provisions in operating, shareholder or partnership agreements. When there is a dispute, these provisions contain...

When I served in the armed forces, a shotgun was not exactly "standard issue". It is far too much of a blunt instrument. The same might be true when dealing with a "shotgun buy/sell" provision...

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.

Contractors understand how difficult it can be on a technical level to do work in or near wetlands or other environmentally-sensitive areas. Such work is even more difficult due...

The U.S. Supreme Court recently issued an opinion in County of Maui v. Hawaii Wildlife Fund that further expands upon its opinions under the Clean Water Act.

On April 27, 2021, President Biden issued an Executive Order on Increasing the Minimum Wage for Federal Contractors, requiring covered government contractors and subcontractors to ...

Courts in New York have generally interpreted notice provisions in construction contracts very strictly.

Florida's new Section 489.1295 establishes licensing consequences for contractors who fail to timely pay subcontractors and suppliers, effective July 1, 2026. The statute creates disciplinary exposure for knowingly or willfully withholding payment, though it includes important exceptions for bona fide disputes and contractual payment terms. Contractors must now navigate potential license sanctions including fines up to $10,000, suspension, or revocation when payment disputes arise.

Consistent with a growing trend across the country, New York has joined with other States, including neighboring New Jersey, to broaden the scope of New York's whistleblower statute that protects employees...

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...

The Office of Management and Budget (OMB) recently issued a memorandum that provides guidance to federal agencies on Buy American/Buy America waiver requests.

The U.S. Small Business Administration has fundamentally restructured how individually owned firms qualify for the 8(a) Business Development Program by eliminating the longstanding rebuttable presumption of social disadvantage. Under the new evidence-based standard effective September 10, 2026, applicants must now demonstrate group-based discrimination and certify they personally suffered material harm, opening new pathways for claims based on reverse discrimination while maintaining protections

The Corporate Transparency Act ("CTA"), effective as of January 1, 2024, requires certain businesses, in the absence of an exemption, to report to the Financial Crimes Enforcement Network...

With the end of the taxable year upon us, many shareholders or members of closely-held corporations or limited liability companies are anticipating the receipt of their K-1s for 2023.

The Equal Employment Opportunity Commission (EEOC), whose mission is to enforce the nation's anti-discrimination laws, released new guidelines on June 18, 2024, entitled Promising Practices for Preventing Harassment in the Construction Industry.

The Texas Commission on Environmental Quality is seeking stakeholder input on the upcoming renewal of its Stormwater Construction General Permit, which governs discharge from construction activities across the state. With the current permit set to expire in March 2028, TCEQ is engaging stakeholders early in the drafting process to gather feedback that could significantly impact design requirements, compliance obligations, and operational costs for construction projects disturbing one or more acres of land.

The subcontractor enrollment process for contractors can be time-consuming and has the potential to delay a project before it starts. From verifying credentials...

A number of years ago in Bunkoff General Contractors, Inc. v. Dunham Electric, Inc. (2002), a New York appellate court recognized the right of a general contractor to assert a claim against a subcontractor for refusing to honor its bid.

President Trump's June 2026 Executive Order on AI innovation and security establishes voluntary cybersecurity frameworks for federal agencies and critical infrastructure operators...

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...