The construction industry has been experiencing unprecedented volatility in material prices, material delays, and material unavailability, in part, because of supply chain disruptions caused by the COVID-19 pandemic. This has become a difficult issue, especially for subcontractors with lump-sum or fixed-price contracts, where the subcontractor’s…
As of March 16, 2021, employees who perform work in Washington, D.C. cannot be subject to non-compete (i.e., non-competition) restrictions from their current employers. Meaning, an employer who operates in DC cannot prohibit an employee from working for another employer (or for himself/herself), regardless of…
Our client, a subcontractor, filed a Miller Act complaint against a surety in the United States District Court for the Eastern District of Virginia to recover compensation for damages incurred on the Basic School Student Officer Quarters project at Marine Corps Base Quantico in Virginia. …
This year, a variety of important revisions were made to employment laws at both the Federal and State of Maryland levels. It is critical that employers take notice of these changes to ensure that they are in compliance with the applicable requirements. Revisions to the…
When two businesses engage in a transfer of assets, the transferee (the “successor”) should be mindful of the fact that under certain narrow circumstances, it may inherit the liabilities of the transferor (the “predecessor”). As a general rule, a company that acquires only the assets…
C&B Construction, Inc. v. Dashiell. Maryland’s construction Trust Fund Statute has long been a comforting and reliable tool for subcontractors seeking payment from an upper-tier contractor. The Trust Fund Statute requires general contractors and upper-tier subcontractors to hold the money received on account of a…
When Bidding on Public Contracts in Maryland, Contractors Need to Remember That a Certified MBE’s Participation Only Counts Toward the Contract’s MBE Goals if the MBE is Identified as Performing a Commercially Useful Function for the Contract (Not for the Prime Contractor’s bottom line) In…
Last year, during the 2019 Maryland General Assembly, state lawmakers voted to pass a bill that gradually increases Maryland’s minimum wage rate from $10.10 per hour to $15.00 per hour over the next several years. Governor Larry Hogan originally vetoed the bill, stating that the…
On September 23, 2019, the United States Court of Federal Claims issued a published decision invalidating the release of a construction claim because the Government and the contractor continued to negotiate the claim after the parties signed a release. In Meridian Engineering Company v. United…
The U.S. Department of Labor (“Department”) is clarifying and updating the regulations governing the regular rate requirements under the Fair Labor Standards Act (“FLSA”). On December 12, 2019, the Department announced a Final Rule that will allow employers to more easily offer perks and benefits…
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