Author Info for Robinson+Cole Construction Law Zone

Lisa Andrzejewski

NY Prompt Pay Act for Private Construction Caps Retainage at Five Percent

New York’s Prompt Pay Act, which sets the standards that govern private commercial construction contracts exceeding $150,000, was amended effective November 17, 2023. The Amendment known as Senate Bill 3539 provides two… more

Amended Regulation, Construction Contracts, Construction Disputes, Construction Project, Contract Terms

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Megan Baroni

OSHA Approves New Respiratory Fit Testing Protocols

On September 25, 2019, OSHA issued a final rule approving two additional quantitative fit testing protocols for inclusion in appendix A of the Respiratory Protection Standard… more

Employer Liability Issues, Final Rules, OSHA, Regulatory Standards, Rulemaking Process

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Joseph Barra

The Massachusetts Prompt Pay Statute: A Cautionary Tale for Those Who Don’t Read the Fine Print

In a recent decision likely to have a significant impact upon the way private construction projects in Massachusetts are managed, the Superior Court recently construed the Massachusetts Prompt Pay Statute in the way the Statute… more

Construction Contracts, Construction Disputes, Construction Project, Contract Terms, Delay Claims

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David Carney

More Executive Orders Addressing the Size and Authority of the Federal Government

Executive Order Directing Deregulation and Termination of Certain Regulatory Enforcement Actions - On February 19, 2025, in an executive order titled Ensuring Lawful Governance and Implementing the President’s “Department of… more

Compliance, Deregulation, Disclosure Requirements, Executive Orders, Government Agencies

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Dennis Cavanaugh

American Arbitration Association Revises Construction Industry Rules and Mediation Procedures

The American Arbitration Association (AAA), one of the longest-standing and experienced alternative dispute resolution (ADR) administrators, has unveiled a significant update to its Construction Industry Rules and Mediation… more

American Arbitration Association, Arbitration, Construction Contracts, Construction Disputes, Construction Project

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Tiange Chen

More Executive Orders Addressing the Size and Authority of the Federal Government

Executive Order Directing Deregulation and Termination of Certain Regulatory Enforcement Actions - On February 19, 2025, in an executive order titled Ensuring Lawful Governance and Implementing the President’s “Department of… more

Compliance, Deregulation, Disclosure Requirements, Executive Orders, Government Agencies

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Christopher Costain

EEOC Builds on Best Practice Guidance Regarding Harassment Within the Construction Industry

In June 2024, the Equal Employment Opportunity Commission (EEOC) issued guidance tailored to the construction industry concerning harassment in the workplace or at the jobsite. The guidance is important for construction industry… more

Anti-Harassment Policies, Construction Project, Construction Workers, Corporate Culture, Employer Liability Issues

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Andrew DePeau

The Enforceability of Mechanic’s Liens in Bankruptcy is Dependent on State Law

In a recent decision by the Third Circuit Court of Appeals, the Court held that a mechanic’s lien filed by an unpaid supplier against a construction project, after the contractor through whom the materials were furnished filed… more

Commercial Bankruptcy, Construction Industry, Contractors, Mechanics Lien, Suppliers

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Natale DiNatale

Construction Employers Beware: New, Easier Union Representation Process

The NLRB has reversed decades of precedent and made it far easier for unions to represent employees, including construction employers, without a secret ballot election. Initially, it is important to understand that this new… more

Construction Workers, Employer Liability Issues, Labor Relations, NLRA, NLRB

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Jennifer Driscoll

More Executive Orders Addressing the Size and Authority of the Federal Government

Executive Order Directing Deregulation and Termination of Certain Regulatory Enforcement Actions - On February 19, 2025, in an executive order titled Ensuring Lawful Governance and Implementing the President’s “Department of… more

Compliance, Deregulation, Disclosure Requirements, Executive Orders, Government Agencies

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Gregory Faulkner

Twenty-Five Years in the Construction Industry—We’ve Come a Long Way Baby, or Have We?

In November 1989, I was a second year law student interviewing with firms in Connecticut and New York for a summer associate position. During the Thanksgiving Holiday, I scheduled an interview with a small firm in New Haven… more

Construction Contracts, Construction Disputes, Construction Industry, Construction Litigation, Construction Project

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Linn Freedman

Business Email Compromises Bilking U.S. Companies Out of $301M Per Month

The United States Treasury Department came out with a report last week that concludes that business email compromises (BEC) are costing U.S. companies more than $301 million per month. The report confirms that the two industries… more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection, Email

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Larry Grijalva

Massachusetts Affordable Homes Act Provides New Opportunities for Owners, Developers, and Contractors

On August 6, 2024, Massachusetts Governor Maura Healey signed the Affordable Homes Act (the Act) into law. The Act aims to counter the rising cost of housing in the commonwealth by implementing new policies and providing funding… more

Affordable Housing, Construction Industry, Housing Developers, Real Estate Development, Real Estate Market

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Anand Gupta

Updates to AIA Contract Applications

The construction industry often relies on contract forms drafted by the American Institute of Architects (AIA). These AIA forms include agreements between owners, designers, consultants, contractors, subcontractors, and… more

AIA Construction Forms, Construction Contracts, Construction Industry, Metadata

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Tasnuva Islam

Rhode Island Affirms The Principle That Sureties Must be Provided Notice of Default Before They Can be Held Liable for Principal’s Default

Most bond forms in use today, including the standard form AIA A312-2010, contain express condition precedents that trigger a surety’s obligations under the bond. Under a performance bond, the bond obligee is required to provide… more

Indemnification, Motion for Summary Judgment, Notice of Default, Performance Bonds, Public Works

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Catherine Maronski

The Importance of Indemnification Clauses in Managing Post-Completion Project Risk

Claims against design professionals often pose unique challenges when such claims are dually rooted in both tort and contract theories, and therefore subject to competing time limitations. In order to reconcile these… more

Breach of Contract, Construction Contracts, Construction Litigation, Contract Disputes, Contract Interpretation

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Megan Naughton

Consider the H-1B Visa to Build Your Construction Industry Workforce

Foreign nationals account for 61% of the full-time graduate students in civil engineering programs in the United States, according to the National Foundation for American Policy NFAP Policy Brief, August 2021, International… more

Construction Workers, Foreign Workers, H-1B, Highly-Skilled Workers Visa, Hiring & Firing

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Martin Onorato

Nuisance Claim Against Architect Dismissed

“Use the right tool for the job” is also a good bit of advice in litigation, as underscored by a recent decision out of the Connecticut Appellate Court. The case is Fisk v. Redding, AC 37537 (April 19, 2016)… more

Architects, Public Nuisance, State and Local Government

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Endicott Peabody, IV

The Federal Reserve’s Powers to Pave the Way for Continued Development and Construction Through Covid-19

As the Coronavirus has encapsulated the world, government go-aheads to construction firms are welcome relief to the industry. Lenders’ collective reaction to the current economic concerns is another matter… more

Asset-Backed Securities, Construction Project, Coronavirus/COVID-19, Equity, Federal Reserve

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Kathryn Rattigan

The Drone Economy in the Construction Industry

Drone data is used in construction (3-D mapping, site surveying), agriculture (crop mapping), energy (solar and wind turbine monitoring), insurance (roof inspections), infrastructure (inspection), communications (damage… more

Airspace, Commercial Use, Construction Industry, Construction Project, Drones

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Jonathan Schaefer

OSHA Moves to Clarify Construction PPE Standard

On July 20, 2023, the Occupational Safety and Health Administration (OSHA) published a notice of proposed rulemaking to clarify the personal protective equipment (PPE) standard for the construction industry… more

Comment Period, Construction Project, Construction Workers, Critical Infrastructure Sectors, Employer Liability Issues

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Abby Warren

EEOC Builds on Best Practice Guidance Regarding Harassment Within the Construction Industry

In June 2024, the Equal Employment Opportunity Commission (EEOC) issued guidance tailored to the construction industry concerning harassment in the workplace or at the jobsite. The guidance is important for construction industry… more

Anti-Harassment Policies, Construction Project, Construction Workers, Corporate Culture, Employer Liability Issues

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William Wilson, II

The Long-Standing Waiver for Manufactured Products from FHWA’s Buy America Requirements is Phasing Out

Amidst the flurry of tariff threats swirling around the world, the Federal Highway Administration (FHWA) is terminating the waiver known as the Manufactured Products General Waiver from the Buy America requirements found in 23… more

Buy America, Department of Transportation (DOT), Federal Funding, Federal Highway Administration, Final Rules

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Robinson+Cole Construction Law Zone

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