On March 26, 2026, the President issued Executive Order 14398, “Addressing DEI Discrimination by Federal Contractors” (the “Order” or “EO 14398”). The Order buttresses Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (“EO 14173”) issued on January 21, 2025, which we have previously reported on. EO 14173 revoked the longstanding affirmative
When a building envelope fails, whether from natural disaster, construction defect, or wear and tear, the first dispute in a condominium setting may not be, “What failed?” It may be, “Who owns the problem?” Is the association responsible because it is part of the common elements, or is it on the unit owner because it
As of March 19, 2026, all nonresidential construction contractors, subcontractors, and labor brokers are required to utilize the federal government’s E-Verify program for employees who work on a nonresidential construction project in Ohio. The “E-Verify Workforce Integrity Act” (Ohio House Bill 246) affects employers, regardless of their size, responsible for nonresidential construction projects such as
The construction industry has been quick to integrate AI into its business practices and efficiencies are being recognized. However, such adoption is not without risk. Two recent court rulings help to illustrate one risk stemming from the use of AI: the potential for waiver of the attorney-client privilege or the attorney work-product protection. The
On February 26, 2026, the United States Department of Labor proposed a new rule addressing the analysis used for classifying workers as either employees or independent contractors. The proposal would rescind the Biden administration analysis for determining employee or independent contractor status that has been used since January 2024. The proposed rule would return to
On February 20, 2026, the United States Supreme Court struck down the tariffs President Trump enacted under the International Emergency Economic Powers Act (“IEEPA”) against numerous countries.[1] The tariffs struck down include those levied against Canada, Mexico, and China, enacted under IEEPA in an effort to stop the influx of illegal drugs from those
One can hardly turn on the television today without being inundated by artificial intelligence (AI), whether in the form of commercials during the big game, as the lead segment on the news, or through advertisements on your favorite podcast, or elsewhere. AI is all around us, and yet, its practical uses in everyday life –
Whether contractors are involved during early project planning or become involved at the time of bidding when project drawings and specifications have been established, there may be risk factors involved with specified sole-source materials. When faced with a sole-source requirement, it is important to proceed with caution and take the necessary steps to avoid risks
The American Arbitration Association (AAA-ICDR®) is launching a first-of-its-kind AI arbitrator this November 2025, designed to handle smaller “documents-only” construction disputes. This change will take small disputes, typically handled on a fixed fee by a single arbitrator, and offer instead AI serving as a finder of fact and law. For an industry where time is
Would it surprise you to learn that one of the most important sections in your construction contract is the one your lawyer will probably spend the least amount of time on? In your lawyer’s defense, lawyers aren’t always privy to the nitty gritty details of a project’s scope of work – details which are often