News & Analysis as of

Construction Industry Federal Funding

J.S. Held

Responding to New Buy America Requirements on FHWA Projects

J.S. Held on

The Federal Highway Administration has issued a final rule to implement the Build America, Buy America Act, which will impact transportation projects funded by federal dollars. While the rule may be adjusted following a...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 7, July 2025

Welcome to our seventh issue of The Site Report for 2025! In this edition, we address direct v. consequential damages in Florida, how the OBBB will fuel construction projects, China's construction of the world's largest...more

Cozen O'Connor

Republican AGs Call for End to Federal DBE Program

Cozen O'Connor on

20 Republican AGs filed an amicus brief in support of a proposed consent order that would end federal enforcement of the Disadvantaged Business Enterprise program (DBE), which requires federal transportation fund recipients...more

Foley & Lardner LLP

The One Big Beautiful Bill and Workplace Immigration Enforcement

Foley & Lardner LLP on

The “One Big Beautiful Bill Act,” signed into law by President Trump on July 4, 2025, will fund government efforts to continue to vigorously enforce the immigration laws. Companies in the manufacturing, health care,...more

Stevens & Lee

Supreme Court Holds That Economic Loss Is Not Required for Wire Fraud

Stevens & Lee on

On May 22, 2025, the Supreme Court of the United States resolved a deep circuit split by holding that “fraudulent inducement” is a valid theory of wire fraud under 18 U.S.C. § 1343. In other words, lying to induce a victim...more

Bradley Arant Boult Cummings LLP

Government Contracts White-Collar Alert: Supreme Court Clarifies Wire Fraud Statute

The U.S. Supreme Court recently delivered a significant ruling in Stamatios Kousisis, et al. v. United States, affirming that a defendant can be convicted of federal fraud for inducing a transaction through materially false...more

Cooley LLP

US Supreme Court Upholds Wire Fraud Convictions, Says Economic Loss Not Required

Cooley LLP on

When an executive learns that she is being investigated for fraud, her first reaction often is: “But I didn’t intend for anyone to lose money!” This entirely understandable response may well be true (and lead the executive to...more

Saul Ewing LLP

Supreme Court Clarifies Fraudulent-Inducement Theory Under Wire Fraud Statute in Kousisis v. United States

Saul Ewing LLP on

Case Summary - In Kousisis v. United States, the Supreme Court addressed whether a defendant can be convicted under the federal wire fraud statute without causing the victim a net pecuniary loss....more

Herbert Smith Freehills Kramer

Supreme Court Affirms Fraudulent Inducement Theory in Federal Wire Fraud Prosecutions

In Kousisis v. United States, 605 U.S. ___ (2025), the Supreme Court resolved a Circuit split addressing the scope of the federal wire fraud statute, 18 U.S.C. § 1343. Without dissent, the Court held that the government did...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

Cohen Seglias Pallas Greenhall & Furman PC

White Lie Or Wire Fraud? Why Contractors Must Carefully Follow Contract Requirements

Can deception used to secure a construction project bid constitute mail or wire fraud, even if there was no intent to financially harm the bid solicitor or even lower the project’s cost? That’s one of the questions the United...more

Pillsbury - Bid Protest Debrief

No Funding, No Award: GAO Upholds Corps’ Late-Stage Solicitation Cancellation

In Davenergy-VCI JV, LLC, B-423332, April 29, 2025​, Davenergy-VCI protested the cancellation by the Army Corps of Engineers (Corps) of a solicitation for architectural engineering construction management services for medical...more

Downey Brand LLP

Dismantling BRIC, Brick By Brick

Downey Brand LLP on

Several years ago, many of us were stunned to learn how much funding would run through FEMA’s BRIC program (Building Resilient Infrastructure and Communities). Traditionally, significant money only ran through the U.S. Army...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Army Corps of Engineers/Geographic Distribution of Construction Funding for Water Resources Projects: February 20th U.S....

The United States Government Accountability Office (“GAO”) published a February 20th report titled: Army Corps of Engineers: Geographic Distribution of Construction Funding for Water Resources Projects (“Report”)....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

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 11, November 2024

Welcome to our 11th issue of 2024 for our construction industry insights e-newsletter - The Site Report. In this edition, we cover a wide variety of topics of interest for those in the construction industry—from a deep dive...more

Spilman Thomas & Battle, PLLC

Federally Funded Projects and Minority/Women-Owned Businesses – A Legal Lesson

It may seem obvious that construction companies and federal agencies, such as the Department of Transportation, are to adhere to the federal regulatory statutes for federally funded construction projects, but you would be...more

Foster Swift Collins & Smith

Should Your Business Sign SBA Form 601 Requiring Non-Discriminatory Hiring Practices?

In 1965, President Lyndon Johnson issued Executive Order 11246 requiring all contractors and sub-contractors working on a project financed by more than $10,000 of federal funding (including Small Business Administration (SBA)...more

Fox Rothschild LLP

More Projects Added to OFCCP’s Mega Construction Project Program

Fox Rothschild LLP on

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced on April 25, 2024 its designation of 16 additional federal construction projects to participate in the Mega Construction Project...more

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

Beltway Buzz - March 2024

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business. ...more

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

OFCCP Jump-Starts the 2024 Fiscal Year With New List of Mega Construction Designees

On October 6, 2023—less than a week into its new 2024 fiscal year (FY)—the Office of Federal Contract Compliance Programs (OFCCP) announced a new list of mega construction designees, identifying twelve new construction...more

Levenfeld Pearlstein, LLC

Construction Wage Requirements on Federally Funded Projects: New Labor Department Rule Updates Davis-Bacon Wage Requirements...

Developers and owners who obtain federal funds on construction projects and those contractors and trades performing work have long understood the impact of the Davis-Bacon Act (“DBA”) on their projects, particularly as it...more

Amundsen Davis LLC

More Legal Mandates & Changes Impacting the U.S. Construction Industry: Department of Labor’s Updated Davis-Bacon & Related Acts...

Amundsen Davis LLC on

Hold onto your hard hat! What you thought you knew about federal Davis-Bacon prevailing wage law is changing --- substantially changing decades of well-established rules, precedent and interpretations as to the applicability...more

Jackson Lewis P.C.

Labor Department’s Davis-Bacon Act Final Rule: Changes for Federal Contractors

Jackson Lewis P.C. on

The U.S. Department of Labor’s (DOL) Updating the Davis-Bacon and Related Acts Regulations final rule includes hundreds of pages of changes to the Davis-Bacon and Related Acts (DBRA) standards and is estimated to impact over...more

Husch Blackwell LLP

A Guide to The U.S. Department of Labor's ‘New' Davis-Bacon and Related Acts Regulations

Husch Blackwell LLP on

For the first time in 40 years, the Department of Labor (DOL) updated its interpretation and implementation of the Davis-Bacon and Related Acts in new final rules. DOL’s new final rules concerning the prevailing wages and...more

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