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Construction Law

Legal insights for contractors—contracts, disputes, liens, compliance and the regulations shaping construction businesses.

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    I-9 Update

    On December 12, 2008, U.S. Citizenship and Immigration Services (USCIS) announced an interim final rule to streamline the I-9 process (Employment Eligibility Verification form).
    Read More →: I-9 Update
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    Understand Material Breach of Contract

    The key differences between the types of breach & when they qualify as default in construction
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    Avoid the Wage-Hour Lawsuit Boom

    You have excellent human resource and legal departments, sophisticated and well-publicized policies prohibiting discrimination and retaliation and effective internal complaint and mediation processes.
    Read More →: Avoid the Wage-Hour Lawsuit Boom
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    The Importance of Correctly Classifying Employees

    The Fair Labor Standards Act is the federal law that governs employees’ pay. It is the FLSA that requires overtime pay for certain employees and exempts others from overtime pay altogether. Employers who ignore the FLSA’s requirements will find themselves subjected to heavy penalties, including paying overtime to the wronged employees for up to the past three years.
    Read More →: The Importance of Correctly Classifying Employees
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    Public Construction: Bidding on Public Building

    Public contracting assumes that open competitive bidding for fixed price construction contracts ensures fairness and maximizes the return on the taxpayer’s dollar.
    Read More →: Public Construction: Bidding on Public Building
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    Protecting Your Right to Arbitrate

    A contractor hiring a subcontractor may prefer arbitration to litigation in cases of dispute. But when the contractor has issued a payment bond, the sub has a choice of payment sources-either from the contractor or from the surety who issued the contractor’s payment bond.
    Read More →: Protecting Your Right to Arbitrate
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    Prompt Payment Laws Protect Your Right to Timely Payment

    Prompt payment is important. Slow payment can strain the financial resources of a small business, undermining its ability to pay bills, payroll and other operating expenses. Few things can threaten the survival of a small contractor more than slow payment on projects.
    Read More →: Prompt Payment Laws Protect Your Right to Timely Payment

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