News & Analysis as of

Construction Industry Federal Contractors

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

Schwabe, Williamson & Wyatt PC

Federal Acquisition Regulations Revised for R&D and Construction

The Federal Acquisition Regulatory (FAR) Council is undertaking a systematic approach to revising the Federal Acquisition Regulations (FARs). On July 24, 2025, revisions to FAR Part 35, Research and Development Contracting...more

Fox Rothschild LLP

Lessons Learned – Did I Waive My Claim Against the Government?

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Contractors working with the federal government understand that contract modifications are a fact of life. Projects rarely unfold exactly as planned – and changes to the scope of work, performance deadlines, and pricing...more

Ward and Smith, P.A.

Design-Build Requirements in North Carolina

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The presentation featured insights from Alex Ferri, a litigation attorney who assists construction industry clients with general litigation matters throughout all phases of the process—from investigation and pleading to...more

Bradley Arant Boult Cummings LLP

Understanding the FAA’s ODRA Bid Protest Process: A Guide for Government Contractors

When it comes to federal procurements, the Federal Aviation Administration (FAA) operates a little differently than most other agencies. Unlike other federal agencies that follow the Federal Acquisition Regulation (FAR), the...more

Foley & Lardner LLP

Supreme Court Clarifies Scope of Federal Fraud Statutes in Connection with False DBE Reporting on Federally Funded Projects

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Share on Twitter Share by Email Share Back to top On May 22, 2025, the U.S. Supreme Court issued a significant decision in Kousisis v. United States, affirming a six-year prison sentence for a contractor convicted of federal...more

Jackson Lewis P.C.

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

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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

McGuireWoods LLP

Supreme Court Declines to Narrow Reach of Federal Fraud Law

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On May 22, 2025, the Supreme Court published its opinion in Kousisis v. United States, No. 23-909, 605 U.S. __ (2025), holding that one who induces a victim to enter into a transaction under materially false pretenses may be...more

Fox Rothschild LLP

Supreme Court Broadly Interprets Wire Fraud Liability

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On May 22, 2025, the Supreme Court held that a defendant could be convicted of federal wire fraud pursuant to 18 USC § 1343 even when the fraud did not result in any economic loss for the victim. This holding expands the...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

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

Morris, Manning & Martin, LLP

The Vital Impact of BABA Regulations on Federally Funded Infrastructure Projects

BABA Act's emphasis on using domestically produced steel is crucial for ensuring the quality, safety, and sustainability of infrastructure projects. The Build America Buy America (BABA) Act, part of the Infrastructure...more

Kilpatrick

Trump Administration's DOL Pauses Litigation of Biden-Era Rule Expanding Davis-Bacon Act Coverage

Kilpatrick on

On February 19, 2025, Judge James Wesley Hendrix for the United States District Court for the Northern District of Texas granted a 90-day stay of ongoing litigation, challenging a Biden-era rule implementing significant...more

Cozen O'Connor

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

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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

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] How to Protect your Rights on a USACE Dredging Project - March 19th, 12:00 pm - 1:00 pm ET

Join Cohen Seglias Government Contracting attorneys Michael Payne, Casey McKinnon and Steve Tobin for an in-depth discussion on how to protect your rights on dredging projects with the U.S. Army Corps of Engineers (USACE)....more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Industry Insights, Issue 2, February 2025

Welcome to our second 2025 issue of The Site Report! In this edition, we address tariff fears in the industry, the use of artificial intelligence in building design, an update on The Rural Historic Tax Credit Improvement Act,...more

Ward and Smith, P.A.

Restoring Western North Carolina’s Infrastructure: NCDOT Receives $250 Million in Federal Emergency Relief Funds

Ward and Smith, P.A. on

Of this funding, the North Carolina Department of Transportation (NCDOT) will receive $250 million to repair damaged roadways and bridges, including Interstate 40. Another $32.6 million will be split between the U.S. Forest...more

Bass, Berry & Sims PLC

Project Labor Agreements No Longer Mandated for Large Federal Construction Contracts

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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

K2 Integrity

Ensuring Integrity In Disaster Recovery: Lessons From NYC Rapid Repairs

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In the wake of the devastating LA wildfires, the importance of stringent controls and oversight in disaster recovery efforts cannot be overstated. As we mobilize to rebuild and restore, it is crucial to learn from past...more

Jenner & Block

Client Alert: The Price of Silence: GAO Dismisses Protest Because the Protester’s Key Personnel Were Unavailable

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On December 30, 2024, the Government Accountability Office (GAO) dismissed a protest by Orion Government Services, Inc. (Orion) after determining that Orion lacked standing to protest because one of its proposed key personnel...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

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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

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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

Bradley Arant Boult Cummings LLP

Maximizing Recovery on Construction Claims: Don’t Forget Bond Claims, Which Could Exceed the Underlying Claim!

As construction claim lawyers, we are always on the lookout for insurance policies or “bonds” that might satisfy our client’s claim. On federal projects, this includes performance and payment bonds known as Miller Act bonds....more

Kilpatrick

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

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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

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