The Construction Counselor

The construction industry continues to face challenges in securing qualified workers for their projects, with some companies turning to staffing agencies and temporary workers to solve this challenge. Companies turning to this solution need to be aware of the unique legal and practical considerations of doing so, as illustrated in the recent Iowa Court of Appeals case of Calabretto Building Group v. Tradesmen International, LLC,.

This is the third post in a three-part series discussing the impact of the U.S. Department of Labor final Davis-Bacon Act Labor Standards rule changes that go into effect on October 23, 2023.

This is the second post in a three-part series discussing the impact of the U.S. Department of Labor final Davis-Bacon Act Labor Standards rule changes that go into effect on October 23, 2023.

On October 23, 2023, substantial changes to U.S. Department of Labor regulations governing federally funded construction projects subject to the Davis-Bacon Act and Related Acts go into effect.

The Minnesota Legislature had a busy first half of 2023 that included passing several major new employment-related bills.

On May 25, 2023, the Supreme Court of the United States issued a decision in Sackett v. Environmental Protection Agency, significantly contracting the jurisdictional reach of the federal Clean Water Act (CWA) over wetlands. The majority decision is the most consequential CWA decision in decades, one likely to exclude millions of acres of formerly jurisdictional wetlands from federal regulation.

With the rise in construction projects that are audited, it is important for owners, general contractors and subcontractors of all tiers to understand both the basics and specific concepts regarding construction audits and seek legal counsel as needed.

Effective July 1, 2022, Iowa added an alternative project delivery method to the options available to Iowa public entities–construction manager at risk, also known as CM at risk and CMAR. 

On June 17, 2022, the Iowa Supreme Court rendered a decision in the Borst Brothers Const. v. Finance of America case involving a mechanic’s lien, which addressed one aspect of the pre-lien notice requirement for Iowa subcontractors on residential projects.

Non-disclosure agreements (NDAs) are often part of the discussions my clients have surrounding a potential construction or real estate project to protect the confidential information regarding the project and proprietary information of the parties.