Published: February 19, 2019

A United States Department of Justice investigation of two construction companies and their owners has resulted in a $3.6 million settlement following allegations that the companies defrauded the Small Business Administration (SBA).  The fraud resulted from false statements in the SBA bid process for federal government contracts. 

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Published: February 1, 2019

The Scope of the Threat. Five or ten years ago, the most widely recognized cybersecurity threats involved the risk of compromises of personally identifiable information (PII) such as Social Security numbers, payment card information, and the like.  The high-profile data breaches frequently involved retailers, health care providers, or other consumer-facing companies and industries.  Many of the warnings about cybersecurity threats focused on these kinds of risks, and state data breach laws in the U.S.

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Published: January 24, 2019

On January 11, 2019, the Commonwealth Court of Pennsylvania held that absent extraordinary circumstances, requiring contractors to execute a project labor agreement (a "PLA") in connection with a bid for a public construction project violates the Pennsylvania Constitution and Commonwealth Procurement Code. See Allan Myers, L.P. v. Pennsylvania Department of Transportation, No. 314 C.D. 2018.

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Published: January 18, 2019

A recent decision by Florida’s Fifth District Court of Appeal on Florida’s "anti-indemnity" statute" is one that should catch the attention of lawyers who draft and negotiate construction contracts in Florida.  

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Published: January 15, 2019

The Wall Street Journal recently reported that cyber-attacks by foreign governments into the nation’s electric grid are utilizing what it called "the system’s unprotected underbelly," the contractors and subcontractors that work for the utilities. According to the Journal’s reporting, a 15-person construction contractor in Salem, Oregon had fallen victim to a cyber attack, one that the Department of Homeland Security said was most likely carried out by a foreign government. 

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Published: January 9, 2019

According to statistics, only about 30 percent of family businesses survive to the second generation, and only about 10 to 15 percent survive to the third generation.  Although there are a number of reasons which may lead to this result, one factor which has definitely contributed to this "failure to survive" is the absence of an adequate business succession plan.  Whether you are a developer, contractor or other business owner in the construction industry--and whether you are the sole owner or one of multiple owners of your business--the implementation of a succession plan is an

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Published: January 2, 2019

Public Private Partnerships or, as they are commonly known, P3s or PPPs, are a method of involving private parties in some or all of the financing, design, construction and operation of traditionally public building or infrastructure projects.  Recently, P3s have become a more popular means of constructing or financing public projects.  They have received more attention because some states, such as Illinois, are short on public funds and long on the need to repair crumbling infrastructure and deliver necessary public buildings.  A P3 might entail a private entity participatin

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Published: December 11, 2018

Lying about the quality of concrete can result in jail time and a large settlement payment.  In Davidheiser v. Universal Concrete Prods. Corp., No. 1:16-cv-00316, a whistleblower, who worked as a lab technician for Universal Concrete Products Corporation ("Universal Concrete"), accused Universal Concrete and his former quality control manager of falsifying concrete quality data and providing concrete for a Washington D.C.

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