Cyber-crime is an increasingly prominent threat to many industries, and construction is no exception. With the growing use of digital technologies in what was once a primarily “offline” industry, cyber-attacks can pose a significant threat at every level of the construction industry. The construction industry routinely handles sensitive information that is of value to cybercriminals
Construction Industry
USDOT Expands Financing for Certain Transit Projects
The U.S. Department of Transportation (USDOT) recently announced that it will offer more low-cost flexible financing for both transit and Transit Oriented Development projects under the Transportation Infrastructure Finance and Innovation Act (TIFIA). The TIFIA program is intended to help project sponsors reduce costs and speed up the delivery of transit projects. More applicants will…
Comments on DOT Proposed Rulemaking for DBE and ACDBE Programs Extended to October 31, 2022
The Department of Transportation (DOT) recently published a notice in the Federal Register of proposed rulemaking (NPRM) to amend the Disadvantaged Business Enterprise (DBE) and the Airport Concession Disadvantaged Business Enterprise (ACDBE) regulations. 87 Fed. Reg. 43620 (July 21, 2022). This proposal is the first NPRM update since 2014. While the DOT was originally scheduled…
Connecticut Adopts New Codes
Effective October 1, 2022, Connecticut adopted new State Building, Fire Safety, and Fire Prevention codes. The new codes include 12 international and national model codes. The State Building Code applies to most buildings and other structures newly-constructed, altered, added to, or undergoing a change in use. The new codes apply to projects for which a…
The AIA Releases Sworn Construction Statements, Lien Waiver and Release Forms for the First Time.
The American Institute of Architects (AIA) Contract Documents program recently released a limited number of state-specific Sworn Construction Statements and Lien Waiver and Release forms for use on construction projects. At the same time, the AIA also released generic versions of the waiver and release forms for use in states without specific statutory requirements.
At…
Explore Legal Immigration Options for Construction Companies
Below is an excerpt of an article published in Construction Executive on August 9, 2022 authored by Megan R. Naughton, co-chair of Robinson+Cole’s Immigration Group.
Although the visa options are limited, there are some that can be explored by construction companies in the United States, including the following.
H-1B
The H-1B visa category…
OSHA’s Multi-Employer Policy Continues to Ensnare the Construction Industry
Below is an excerpt of an article co-authored by Megan Baroni and Jon Schaefer and published in Construction Executive on June 28, 2022. Megan and Jon are partners in Robinson+Cole’s Environmental, Energy + Telecommunications Group.
Most contractors don’t know they can be cited for an OSHA violation even if their own employee is not exposed…
Massachusetts Appeals Court Strictly Construes Prompt Payment Act
On June 7, 2022, the Massachusetts Appeals Court issued an opinion of first impression regarding the Massachusetts Prompt Payment Act, G.L. c. 149 § 29E (the “Act”). In Tocci Building Corp. v. IRIV Partners, LLC, Appeals Ct. Nos. 21-P-393, 21-P-733, the Appeals Court affirmed the decision of the Superior Court which held that…
Review Pre-Employment Screening Processes Amid the Great Resignation
Below is an excerpt of an article published in Construction Executive on May 13, 2022 co-authored by Robinson+Cole Labor and Employment Group lawyers Abby M. Warren and Kayla N. West .
After nearly two years of managing the workplace through the nationwide COVID-19 pandemic, employers are being impacted by another significant challenge: the “Great Resignation,”…
Recent Court Decision Warns of Dangers of Using Outdated Construction Contracts
A recent decision serves as an important reminder to all in the construction industry about the dangers of using outdated contract forms. In Hillhouse v. Chris Cook Construction, LLC, 325 So. 3d 646 (Miss. 2021), the Supreme Court of Mississippi found an arbitration provision unenforceable where it designated that all claims “shall be submitted…