In December 2020, the United States Department of Transportation (DOT) amended the small business size limit under the Disadvantaged Business Enterprise (DBE) program (section 1101(b) of the Fixing America’s Surface Transportation (FAST) Act (Pub. L. 114-94, Dec. 4, 2015).  The rule, which goes into effect on January 13, 2021, increases the DBE gross receipts cap (averaged over the firm’s previous three fiscal years) to $26,290,000 for Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) related work. This inflationary-based adjustment is an increase over the prior gross receipts cap of $23,980,000 enacted in 2015. The effect of this rule, which is “not considered a significant economic impact on a substantial number of size entities”, is to allow “some small businesses to continue to participate in the DBE programs by adjusting for inflation.” This adjustment should provide relief for some DBEs that were close to exceeding the limits from 2018-2020.
Continue Reading DBE Gross Receipts Cap Adjusted for Inflation

In the wake of the tragic death of architect Erica Tishman, who was killed by falling debris from a brick tower in midtown Manhattan in December 2019 , the New York Department of Buildings (DOB) amended its rules governing exterior wall inspections and repairs. The new rules went into effect on February 20, 2020. Known as the Local Law 11 inspections, the Façade Inspection & Safety Program (FISP) has undergone extensive amendments in an effort to address the increasing number of dangerous façade conditions including corroded masonry and fractured terra cotta which in addition to causing structural problems, can loosen and fall to the ground causing bodily harm or property damage.

This issue is a growing concern. During the past six years, more than 4,790 Environmental Control Board violations related to facades were issued of which more than half remain active.[i] The DOB reported more than 22,000 violations related to facades since 2014.[ii]
Continue Reading NYC Amends Its Façade Inspection and Safety Program to Push Building Owners into Action