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Proposed Changes to EPA’s Stormwater Permit for Construction Sites

The Environmental Protection Agency (EPA) recently announced its intention to modify the 2017 National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Stormwater Discharges (2017 CGP). EPA implements the 2017 CGP in states and territories that have not yet received authorization to implement the NPDES Stormwater program. Primarily, this includes New Hampshire, Massachusetts, Puerto … Continue Reading

OSHA Clarifies Position On Anti-Retaliation Rule

As all members of the construction industry know, the prevention of the occurrence of work-related injuries and illnesses is a constant concern, and one that can have serious implications for the various contractual relationships on a construction project. To address these concerns, construction industry employers often implement incentive programs to award both the reporting of … Continue Reading

NLRB Pursues Rulemaking to Address Joint-Employer Standard

Whether a general contractor or subcontractor is a joint employer with another company on a construction project for purposes of the National Labor Relations Act can have significant legal and practical consequences, including, but not limited to, potential union bargaining obligations, liability for unfair labor practices committed by a joint employer, and potential impact on … Continue Reading

Oral Argument Preview: G4S Technology LLC v. Mass. Technology Park Corp.

The Supreme Judicial Court (SJC) is slated to hear oral argument in G4S Technology LLC v. Mass. Technology Park Corp. on Monday, March 5, 2017 – a case with significant implications for construction litigation. The dispute arises out of a $45 million public works project to build a 1200-mile fiber optic network bringing high speed Internet access … Continue Reading

Are Construction Project Supervisors Exempt from the FLSA’s Overtime Requirements?

The Answer:  It depends on the facts and circumstances of each case. However, two recent reissued opinion letters from the United States Department of Labor’s Wage and Hour Division (WHD) provide construction companies with guidance regarding the issue of whether project superintendents and project supervisors are exempt administrative  employees under the Fair Labor Standards Act … Continue Reading

Out with the Old and in with the New: What Technological Trends Can the Construction Industry Expect in 2018?

As we embark upon 2018 we find ourselves not only reflecting on past accomplishments but also looking to  future goals for the upcoming year. Construction is a fast moving and ever changing industry which requires a real commitment to keep apprised of the latest trends and developments. So what can we expect in 2018? Although … Continue Reading

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 assessments) and countless other industries. These industries, and more, have long sought data ‘from above,’ generally from satellites or airplanes, but drones are better sensors in the sky. Drones … Continue Reading

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 for bankruptcy, was voidable. In re Linear Electric Co., No. 16-1477 (3rd Cir. March 30, 2017).  Specifically, the … Continue Reading

Contract Barred Recovery of Lost Productivity Damages Suffered by Contractor

Construction projects are no stranger to delays and the inevitable resulting disputes. To allocate such risks, parties frequently include no damage for delay causes in their contracts. These provisions commonly provide that in the event of a delay the contractor’s remedy is limited to an extension of time. Given that there are often multiple causes … Continue Reading

Maryland Sheriff’s Office Recovers Stolen Construction Goods Through Drones

Last week, Maryland’s Cecil County Sheriff’s Office used an unmanned aerial vehicle (UAV) to recover nearly $400,000 worth of stolen construction equipment, which also led to the arrest of the culprit. The New Jersey State Police, Pennsylvania State Police and Delaware Fish and Wildlife Natural Resources Police were all investigating this case—the construction equipment had … Continue Reading

Tragedy at Construction Project Leads to New Safety Rules and Regulations in Boston

The city of Boston will soon require all companies and individuals planning to perform construction work in the city to provide their safety records prior to obtaining a permit. The new ordinance arose out of a tragedy that struck in October during a Boston construction project which resulted in the death of two workers. While … Continue Reading

District Court Preliminarily Enjoins Majority of Department of Labor “Fair Pay and Safe Workplaces” Final Rule

On October 24, 2016, the U.S. District Court, Eastern District of Texas preliminarily enjoined the majority of the Department of Labor’s Final Rule implementing President Barack Obama’s Executive Order 13673 that imposed reporting requirements of specified labor law violations on federal government contractors and subcontractors. The Executive Order provided that contractors and subcontractors for federal … Continue Reading

Harsh Consequences for Contractor’s False Payment Certifications in Massachusetts

On most construction projects, a project owner will require the contractor to certify that it has fully paid each of its subcontractors as a condition to the owner making  payment to the contractor.  The purpose of these certifications is to ensure timely payment to all subcontractors and to protect the owner from claims or liens … Continue Reading

Subcontractor Not Entitled to Payment After Refusal to Perform Disputed Extra Work

In the hustle and bustle of completing a construction project it can be easy to overlook the importance of the contract.  However, when a dispute arises the contract generally dictates the outcome of that dispute.  A recent unpublished Massachusetts Appeals Court decision serves as a reminder of the importance of the contract. In ACME Abatement … Continue Reading

Are You Responsible for a Project’s Design as a Construction Manager-At-Risk?

In keeping with a growing trend, in 2004, Massachusetts departed from the exclusive use of the traditional “design-bid-build” project delivery method for public projects and permitted public agencies to employ the less traditional design-build and construction manager-at-risk delivery methods on certain public projects. The increased use of such project delivery methods raises the question: who … Continue Reading

President Barack Obama’s Labor Day Gift to Labor: Paid Sick Leave for Employees on Federal Contracts

This week’s post is brought to us by Peter Dagostine, our colleague in Robinson+Cole’s Labor, Employment, Benefits + Immigration Group. President Obama signed an Executive Order, on Labor Day earlier this week, requiring federal contractors and subcontractors to provide employees with up to seven days or more of paid sick leave per year. Employer Requirements … Continue Reading
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