Resilient Structures, Infrastructure Among 2018’s Trends In Construction

Joshua Etemadi Bonds, Construction Leave a Comment

After a robust 2017, commercial construction companies are anticipating an even stronger 2018, with the majority reporting they plan to expand their staffs, according to Dodge Data & Analytics. As professionals seek to map out 2018 and beyond, there are a number of trends shaping the construction industry. Some are evolutions of past years, such as offsite construction and an increasing reliance on technology, and some trends are new, such as a focus on resiliency after the most damaging hurricane season on record and devastating fires in California. Read more here >>>

Clear Contract Language Is Key When GCs Share Risk Of Nonpayment With Subs

Joshua Etemadi Bonds, Construction Leave a Comment

Every contract involves the risk of insolvency, and every construction subcontract involves the risk of the owner/developer failing to make the payments that the contractor intends to use to pay its subcontractors. Frequently, general contractors seek to shift this risk onto their subcontractors through the use of clauses which describe payment from the owner to the contractor as a condition precedent to payment to the subcontractor. Simply put, when the contractor is successful in shifting the risk to the subcontractor, the clause is known as “Pay-If-Paid”. If contract language is not sufficient to transfer the risk, the clause is viewed as “Pay-When-Paid”. A Pay-When-Paid clause merely defers the timing of the payment due to the subcontractor until the contractor has …

Contractors Should Ensure Subs, Suppliers Comply With Buy American Act

Joshua Etemadi Bonds, Construction Leave a Comment

The federal government has a long-standing pref­erence for incorporating domestic materials and products into public construction projects. While a number of statutes and regulations promote this policy, the Buy American Act of 1933 (BAA) is the oldest and arguably most well-known. The essence of the BAA’s construction provisions sounds simple: the use of foreign-produced materials and products on public construction projects is prohibited. However, a dense web of regulations and statutes interact to create exceptions and exemptions to the BAA’s application, making the BAA one of the most complex bodies of law to comprehend. Those contractors who fail to comply with the BAA’s requirements can face costly legal issues, debarment or, in some situations, criminal investigation and prosecution. With the …

2018 New Year’s Resolutions For Lowering The Risk Of Employment Litigation

Debra Franklin News Leave a Comment

By Kenneth M. Wentz, Principal and Office Litigation Manager, Jackson Lewis, for “Employment Trial Report” Shared by Deb Franklin, Esq., VP HR Solutions When Jackson Lewis litigation attorneys looked back at cases, trials, and verdicts from the past year, we observed how companies can make themselves less of a target for claims. Below are some New Year’s resolutions that can help lower the risk of employment litigation: Train managers. Train employees. Keep a record of the training, including who attended. Review EEO laws and company policies. Use up-to-date and accurate materials you can show a government agency, plaintiff’s attorney, or jury. Evaluate whether to contest unemployment benefits on a case-by-case basis. When an unemployment decision is appealed – by the …

Report: Majority of Contractors Not Utilizing Emerging Safety Tech

Joshua Etemadi Bonds, Construction Leave a Comment

Most construction contractors are not utilizing emerging technology such as drones to improve workplace safety, but change is expected as the benefits of using these technologies are proven, awareness grows and their prices start to decrease, according to a new study. The study found that 62% of contractors do not use any of these technologies, which is “no surprise” considering they are still emerging, according to the report by Silver Spring, Maryland-based CPWR-The Center for Construction Research and Training and New York-based Dodge Data & Analytics published Tuesday. Tell me more >>>

DOT Working With Surety To Complete Delayed Bridge Project In Queens

Joshua Etemadi Bonds, Construction Leave a Comment

The oft-delayed bridge deck replacement project at the intersection of Metropolitan Avenue and Fresh Pond Road isn’t going to be wrapping up anytime soon.  According to the Department of Transportation, its contract with New Jersey-based firm Mugrose Construction for the project at the Middle Village-Ridgewood border was defaulted, indefinitely delaying construction. “The DOT defaulted the contractor working on the Metropolitan Avenue bridge deck replacement,” an agency spokesperson told the Chronicle in a Wednesday email. “We are working closely with the bonding company to get this project completed as quickly as possible after it suffered delays beyond our control.” Read the article >>>

Eight Workplace Legal Trends For 2018

Debra Franklin Human Resources, News Leave a Comment

Legal protections for employees are likely to expand at the state level in 2018 but shrink under federal law in the coming year. At the federal level, expect a more employer-friendly Department of Labor (DOL), a new proposed overtime rule and greater deference by the National Labor Relations Board (NLRB) to employee handbook policies. But retaliation claims will continue to be prevalent, and harassment claims in particular may be poised to rise. At the state level, more sexual harassment training laws and pay equity legislation may be passed, as well as laws legalizing marijuana use and requiring paid leave. More Employer-Friendly DOL The DOL is likely to shift how it approaches enforcement, most likely returning to more traditional, pre-Obama administration …

Withholding Tables and Forms Regarding Pending Tax Legislation

Debra Franklin Human Resources, News, Uncategorized Leave a Comment

The IRS has indicated that due to pending tax legislation, tax withholding tables and forms such as the 2018 Form W-4 and Employer’s Tax Guides (Publications 15, 15-A and 15-B) will likely not be released before January 1, 2018. The House and Senate are hammering out a final tax bill and were hoping to pass new legislation by the end of the year. Even if tax rates are finalized, it will take a while for the IRS to prepare new withholding tables, so employers should plan to continue using 2017 rates until new tables have been released.

Winter Has Arrived

Amy Mitchell Insurance, News, Risk Management Leave a Comment

Winter tips from Paul Davis Restoration of Lancaster & Lebanon Counties …And it appears that the 2018 winter months are going to feature a nationwide split between colder and wetter-than-average conditions in many parts of the northern tier U.S., while the southern tier states will experience warmer and drier-than-average conditions overall, according to The Weather Company, an IBM Business. In addition, NOAA (National Oceanic and Atmospheric Administration) sees that weak La Niña conditions have already officially developed and forecast a 65 to 75 percent chance of persisting through the 2018 winter months. January through February temperature outlooks from both The Weather Company and NOAA feature some similarities to what is typically expected in a La Niña winter. They suggest the …