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"Solar energy construction has increased significantly in recent years across the United States, with some forecasters expecting another rise of at least 75% for 2024. This growth in solar projects results in good measure from existing and additional tax credits continued and implemented through the...

On August 24, 2023, the United States Department of Education's Office for Civil Rights ("OCR" or the "Department") released a Dear Colleague Letter (the "DCL") regarding "Race and School Programming." This DCL, which surely appears to be a response to the Supreme Court's ruling in Students for Fair...

​"Oops, [it] did it again." Analogous to Ms. Spears's lyric, the Occupational Safety and Health Administration (OSHA) once again causes a reset across multiple industries with its third iteration of an electronic data reporting rule. Beginning January 1, 2024 , for employers in specific high-hazard...

The work of subcontractors is largely guided by the written contracts to which they agree, making those contracts important to their company’s success. Ideally, contracts should be balanced, and they should allocate risk to the party able to control the risk, but that is often not the case. Though...

On May 25, 2023, the Illinois legislature passed HB 2878, a colossal 195-page bill, that impacts numerous public procurement laws, including curbing the percentage of retainage that local governments may withhold from contractors on public construction projects in Illinois. On June 22, 2023, the...

Contractors could start seeing six-figure fines from the Occupational Safety and Health Administration (OSHA) in the next few months thanks to sweeping policy changes implemented earlier this year. In a press release and two internal memoranda issued January 26, 2023, the Department of Labor (DOL)...

As construction is truly a team sport, a contractor’s success hinges on the contributions of all team members—the laborers and tradesman, the project managers and office personnel, c-suite executives, and, yes, the company’s lawyer. Too often, however, construction companies turn to counsel as a...

On April 6, 2023, the United States Department of Education (“ED”) issued a Notice of Proposed Rulemaking (the “NPRM”) related to Title IX of the Education Amendments of 1972 (“Title IX”). The NPRM, entitled “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal...

Student-athletes wasted no time following the NCAA’s rule change in July 2021 permitting compensation for name, image, and likeness (“NIL”) in landing deals of all types and sizes. Now, sixteen months later, questions remain as to whether, and to what extent, institutions can be involved in the deal...

Public construction in Pennsylvania and elsewhere continues to present substantial challenges to local governmental entities. While some projects have been deferred in the current health and economic climate, at some point, and we hope sooner rather than later, the normal course of public...

In this article, Bill Warren, a partner in the Firm's Government Contracts Practice, describes the current PA municipal policies applied in assessing building permit fees on public projects undertaken by school districts, counties and other public entities and the recommended approach to challenging...

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