News & Analysis as of

Construction Industry Executive Orders

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ohio Drops Affirmative Action Program Requirements for State Contractors

Ohio has eliminated requirements that state contractors maintain written affirmative action programs (AAPs) and that bidders for public improvement construction projects receive affirmative action certifications. ...more

Hanson Bridgett

“America’s AI Action Plan”: Federal Blueprint for Multi-Trillion Dollar Opportunity

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On July 23, 2025, the White House unveiled Winning the Race: America's AI Action Plan. The Plan outlines a sweeping federal policy for boosting domestic AI development across three pillars: (1) Accelerate AI Innovation,...more

Husch Blackwell LLP

Recent Developments from the OBBBA and EO 14315: Rush to Begin Construction and Pricing Uncertainty

Husch Blackwell LLP on

As we have discussed in recent articles and as has been well publicized, two recent actions out of Washington are significantly impacting the renewable energy industry. The recently enacted One, Big, Beautiful Bill Act...more

Morgan Lewis

OSHA’s Aggressive Deregulatory Efforts Begin

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The Occupational Safety and Health Administration (OSHA) has begun what the US Department of Labor describes as “aggressive deregulatory efforts” to “put American workers and job creators first.” In response to President...more

Nossaman LLP

Tariffs and Their Impacts on the Life Cycle of Construction Contracts

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In light of recent Executive Orders issued by President Trump concerning tariffs, countries around the world—including the United States—have been forced to reassess existing trade and contractual frameworks. The construction...more

Jackson Lewis P.C.

Preliminary Injunction of Recent DoD + GSA Memo Means Federal Contractors Must Continue to Comply with Biden-Era Project Labor...

Jackson Lewis P.C. on

A D.C. federal judge granted the North America’s Building Trades Union and Construction Trades Council’s request to enjoin the recent memoranda exempting certain construction projects from Executive Order (EO) 14063. North...more

Otten Johnson Robinson Neff + Ragonetti PC

Denver Mayor Promises $10,000 Refunds for Delayed Permit Applications

On April 14, 2025, Mayor Mike Johnston signed Executive Order 151 to create a new Denver Permitting Office (“DPO”) which is to begin reviewing development and construction permit applications in mid-May. The Executive Order...more

Saul Ewing LLP

PLAs’ Long Strange Trip Under the Biden and Trump Administrations and What It Means for Contractors Today

Saul Ewing LLP on

Between Biden’s “most pro-union president ever” term and Trump’s recent federal policy changes done more by chainsaw than scalpel, Project Labor Agreements (PLAs) have endured a tumultuous path recently. Used primarily on...more

Porter Hedges LLP

How do you solve a problem like a tariff? Understanding and addressing tariff risks in construction contracts.

Porter Hedges LLP on

Since February 2025, numerous tariffs affecting the construction industry have been announced, imposed, and paused. These tariffs present a problem for parties drafting and negotiating construction contracts—namely how to...more

Frantz Ward LLP

Examining the Impact of Anti-DEI Executive Orders on Anti-Bias Clauses

Frantz Ward LLP on

Over the past few years, there’s been a steady rise in the inclusion of anti-bias clauses in construction contracts with the clauses appearing either in the base subcontract agreement or as a flow-down provision from the...more

Hahn Loeser & Parks LLP

Dealing with Tariffs and Executive Orders (Properties Magazine)

The year 2025 is shaping up to be quite the challenging year for the construction industry. From the President’s executive order nos. 14151 and 14174 (signed January 20 and 21, 2025, respectively) seeking to end DEI-related...more

Davis Wright Tremaine LLP

Oregon Update: Two Significant Developments in the Project Labor Agreement and Community Work Agreement Saga

We've previously addressed Oregon Gov. Kotek's Executive Order No. 24-31 requiring the use of Project Labor Agreements on certain state construction projects. On March 24, 2025, Marion County Circuit Judge Thomas M. Hart...more

Littler

Puerto Rico Executive Order 2025-015 Targets Pilot Program for the Incorporation of Project Labor Agreements

Littler on

On March 19, 2025, Puerto Rico Governor Hon. Jennifer A. González repealed several sections of Executive Order 2022-014 (“EO-2022-014”) through Executive Order 2025-015 (“EO-2025-015”). EO-2022-014 established the “Pilot...more

Otten Johnson Robinson Neff + Ragonetti PC

Prospective Impacts of President Trump’s Tariffs on the Real Estate Market

On March 4th, President Donald Trump imposed 25% tariffs on goods imported from Mexico and Canada, the United States’ two largest trading partners.  Two days later, those tariffs were largely lifted as President Trump signed...more

Cozen O'Connor

Tackling Potential Tariff Impacts on Awarded Federal Contracts & Private Construction Contracts

Cozen O'Connor on

On February 1, 2025, President Trump issued Executive Order No. 14193, titled “Imposing Duties to Address the Flow of Illicit Drugs Across Our Northern Border” (Tariff EO). The EO announced tariffs that would impact a wide...more

Seyfarth Shaw LLP

Report From Day 2 of The 2025 ABA OSHA/MSHA Law Conference

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This week we are attending the ABA Occupational Safety and Health Law Meeting in Rancho Mirage, California. The meeting includes representatives from management, labor, and safety professionals, some who previously worked in...more

Warner Norcross + Judd

Construction Supply Chain Could Feel the Impacts of Canada and Mexico, Aluminum and Steel Tariffs

On Feb. 1, 2025, President Donald Trump announced that tariffs on all goods imported from Canada and Mexico — including aluminum and steel — would be imposed at 12:01 a.m. on Feb. 4, 2025. The administration later agreed to...more

Gray Reed

Recycled Steel and Aluminum Not Included in President Trump’s Steel and Aluminum Tariffs

Gray Reed on

President Trump’s recent executive order imposing tariffs on US imports of steel and aluminum led to many questions of the full scope of materials subject to the 25% import tariff. A recent analysis by the Recycled Materials...more

Bass, Berry & Sims PLC

Project Labor Agreements No Longer Mandated for Large Federal Construction Contracts

Bass, Berry & Sims PLC on

On January 21, in MVL, Inc., et al. v. United States, the U.S. Court of Federal Claims (COFC) struck down a 2022 Executive Order (EO), as well as the implementing Federal Acquisition Regulation (FAR), signed by then-President...more

Davis Wright Tremaine LLP

Oregon Governor's Executive Order Regarding Project Labor Agreements (PLAs) for State Construction Projects

Oregon Governor Tina Kotek issued Executive Order No. 24-31, titled "Establishing Project Labor Agreements[1] for State Construction Projects" ("EO 24-31" or "Order"), on December 18, 2024. On December 31, 2024, the...more

Bradley Arant Boult Cummings LLP

Biden’s Executive Order on Project Labor Agreements Violates CICA

In a recent decision, the Court of Federal Claims (COFC) ruled on bid protests filed by 12 construction companies challenging the implementation of a February 4, 2022, Executive Order 14063 that mandated the use of project...more

Genova Burns LLC

Federal Contractors Get Relief from PLA and DEI Requirements

Genova Burns LLC on

This past week, employers received two reprieves from mandatory conditions before winning federal contracts. On January 21, 2025, Federal Claims Court Judge Ryan T. Holte ruled that President Biden’s 2022 Executive Order that...more

Cozen O'Connor

U.S. Court of Federal Claims Finds Project Labor Agreements Violate the Competition in Contracts Act

Cozen O'Connor on

On January 21, 2025, Judge Ryan T. Holte of the U.S. Court of Federal Claims issued a decision finding now former-President Biden’s February 4, 2022, Executive Order 14063 (EO) and the resulting Federal Acquisition...more

Kilpatrick

Collaboration with Unions No Longer Required for Large-Scale Federal Construction Projects

Kilpatrick on

On January 20, 2024, the U.S. Court of Federal Claims struck down a 2022 Executive Order which required construction contractors to collaborate with unions in order to be considered for large-scale federal construction...more

Schwabe, Williamson & Wyatt PC

Federal Court Invalidates President Biden’s Mandatory PLA Requirements on Federal ‎Projects Over $35 Million

On January 21, 2025, the Court of Federal Claims issued an order that, in effect, invalidates President Joe Biden’s February 4, 2022 Executive Order (14063) and 48 C.F.R. Subpart 22.5, Use of Project Labor Agreements for...more

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