On August 9, 2021, the Senate passed a heavily amended version of HR 3684, the INVEST in America Act, which will extend approximately $450 billion in FY2021 infrastructure funds through 2022 and provide more than $547 billion in additional funding for infrastructure projects across the country. The…
Continue Reading Senate Passes $1 Trillion Dollar Infrastructure Bill

On Wednesday, July 28, 2021, the INVEST in America Act (H.R. 3684) approved by the House of Representatives cleared its first hurdle in the Senate. The Senate voted 67 to 32 (with one senator absent) to proceed to debate on the bill.
Continue Reading INVEST in America Act Clears Senate Hurdle

Despite President Biden’s approval of a bipartisan infrastructure plan, the House of Representatives passed HR 3684 known as the Invest in America Act , and sponsored by Representative Peter DeFazio(D) of Oregon, yesterday along party lines with a vote of 221 to 201.
Continue Reading House Passes $715 Billion Transportation Bill

On June 24, 2021, President Biden approved a $579 billion infrastructure package proposed by a bipartisan group of senators last week. Some $185 billion appears earmarked for actual infrastructure projects including bridges, roads, ports, waterways, public transportation and safety. According to…
Continue Reading $579 Billion Infrastructure Package Clears Some Partisan Hurdles

Under a recent Illinois appellate court decision, local Illinois construction industry groups were held to have standing to sue Cook County, Illinois, but those groups lost on their substantive claim that the County had violated an amendment to the Illinois Constitution. See Illinois Road and…
Continue Reading Illinois Appellate Court: Illinois Construction Industry Groups Have Standing to File Lawsuit But Lose Their Constitutional Arguments

Our construction group provides updates focusing on: 1) new changes to the Buy American regulations, and 2) how Executive Order 14005, which limits waivers of Buy American Requirements, is of importance to construction companies that work on federal projects.
Continue Reading <a href="/blogs/70781"><h3>Important Buy American Policy Changes</h3></a>

A recent Massachusetts trial court decision ruled that any objections to a payment application are waived unless a reviewing owner or contractor strictly follows the Massachusetts Prompt Payment Statute, Prompt Payment Act, G.L. c. 149, § 29E, which applies to most projects with a prime contract…
Continue Reading <a href="/blogs/70683"><h3>Massachusetts Trial Court: Construction Prompt Payment Statute Requires Strict Compliance</h3></a>

Public construction in Pennsylvania and elsewhere continues to present substantial challenges to local governmental entities, especially in current circumstances. While some projects have been deferred, the normal course of public construction programs is likely to resume. Local governments, and…
Continue Reading <a href="/blogs/70301"><h3>Best Practices in Pennsylvania Public Construction Preparation of the “Front-End” Bidding Requirements</h3></a>

On June 29, 2020, the Michigan Supreme Court ruled that a subcontractor’s commercial general liability (CGL) insurance policy may provide a contractor listed as an additional insured on the CGL policy with insurance coverage for correcting the subcontractor’s faulty work. See Skanska USA Bldg. Inc…
Continue Reading Michigan Supreme Court: CGL Insurance Policy May Provide Contractor With Coverage for Subcontractor’s Faulty Work

In a unanimous decision, the U.S. Supreme Court recently ruled that a non-signatory to an agreement requiring arbitration for disputes might be able to compel arbitration under state law equitable estoppel arguments. The decision held that the New York Convention (“Convention”) does not conflict…
Continue Reading U.S. Supreme Court: Non-Signatories to an International Contract Might Be Able to Compel Arbitration

On May 26, 2020, the Court of Appeals of Maryland (Maryland’s highest court) held that where one of the two parties to an AIA contract sues or settles with a third party, the AIA contract’s mutual waiver of subrogation precludes that third party from claiming a right of contribution against the…
Continue Reading UPDATE: Maryland Court of Appeals Holds that an AIA Contract's Mutual Waiver of Subrogation Precludes Contribution Liability under Maryland Joint Tort-Feasors Act

On May 12, 2020, the United States Eight Circuit Court of Appeals, applying Missouri law, rejected a contractor’s contention that its commercial general liability (CGL) policy provided coverage for claims arising out of the contractor’s allegedly defective construction work.
Continue Reading U.S. Eighth Circuit Court of Appeals Holds No CGL Insurance Coverage for Damages Arising from Contractor’s Shoddy Work