Non-compete clauses in employment contracts are subject to a wide variety of state laws that limit their effectiveness, but often leave room for reasonable restrictions when an employee leaves. A proposed new rule from the U.S. Federal Trade Commission (FTC) would bring uniformity to the law – by banning employers from entering into non-compete clauses

By most accounts 2022 was supposed to be a year of growth for the construction industry.  Many forecasted that the Infrastructure Investment and Jobs Act would be the primary source of that growth across health care, public safety, and generally in the public infrastructure arena. High inflation, increased energy costs, and material shortages, however, have turned

It seems that almost every construction contract contains a clause proclaiming that “time is of the essence.”  But what exactly does that clause mean? And why is it important?  Or is it?

The phrase “time is of the essence” means that timely performance is an essential obligation under a contract, and thus failure to

The recently enacted Inflation Reduction Act of 2022 contains several new environment-related tax credits that are of interest to individuals and small businesses. The Act also extends and modifies some preexisting credits.

Extension, Increase, and Modifications of Nonbusiness Energy Property Credit

Before the enactment, homeowners and business owners were allowed a personal credit for specified

Contractors learned many lessons from 2020-2022 on material/labor availability, price escalation, and contractual allocations of risk.  Prudent contractors will consider this in contracts moving forward.

Show Me the Money

Long gone are the days of large projects that are simply private or public.  Large projects are multi-layered when it comes to funding.  Federal, state, and

There have been 22 trenching and excavation fatalities in the first six months of 2022 compared to 15 in all of 2021. Given this alarming increase, OSHA announced the launch of an “enhanced enforcement initiative” to supplement its National Emphasis Program on trenching.

As a part of its enhanced enforcement initiative, OSHA intends to perform

Supply chain interruptions are reaching critical levels and suspending work on projects. Shortages of bridge coating materials is the most recent area of concern and could be potentially catastrophic to unprepared contractors and owners. The inability to obtain materials may force painting contractors into a position where they cannot advance painting work, cannot retain painting