Many construction participants know arbitration provides a fair, efficient and expeditious process well-suited to resolving construction disputes. One key to maximizing the efficiencies of arbitration is to avoid disputes over the threshold issue of whether an arbitration agreement is enforceable. This blog examines a recent Missouri case highlighting one potential pitfall to avoid so that
COVID-19 Vaccine Mandate for Contractors Doing Business with the Federal Government
The post was updated on December 7, 2021, to note litigation pending in federal court that is blocking enforcement of the federal contractor vaccine mandate nationwide.
In furtherance of his “Path Out of the Pandemic: COVID-19 Action Plan,” President Biden issued Executive Order 14042, which imposes COVID-19 vaccination and workplace safety requirements on federal contractors.
Becoming Certified as an MBE/WBE/DBE: Legal Issues to Consider
Becoming certified as an MBE (Minority Business Enterprise), WBE (Woman Business Enterprise), and/or DBE (Disadvantaged Business Enterprise) may offer greater opportunities to those minority-owned, woman-owned, and socially or economically disadvantaged contractors and suppliers seeking to bid on publicly funded contracts. Because construction or procurement contracts awarded by federal, state, or local government entities often require
How Proposed Missouri Senate Bill 51 May Reduce COVID-19 Liability for Construction-Related Businesses
Missouri Senate Bill 51, commonly referred to as the COVID-19 Liability Protection Bill, seeks to limit potential COVID-19-related liability of Missouri health care providers, product manufacturers and suppliers, and any individuals or entities engaged in businesses, services, activities, or accommodations. If passed, it is likely that this legislation will apply to construction-related activities at construction
Protecting Your Mechanic’s Lien Rights: Reminders from a Recent Missouri Case
A recent Missouri Court of Appeals case illustrates the importance of contractors, subcontractors, and design professionals ensuring that the work they are performing is pursuant to an original contract, or that the work is captured by an additional agreement, such as an executed change order or supplemental agreement, to protect their mechanic’s lien rights.
Although
Advantages of Arbitration for Resolving Construction Disputes in Light of COVID-19
The COVID-19 pandemic has had significant impacts on the U.S. state and federal court systems and has delayed the progression of cases awaiting trial. While many courts have remained “open,” they have considerably modified operations and procedures to ensure the safety of court personnel, attorneys, and jurors.
Perhaps the most obvious modification has been the
Construction suspension in light of the COVID-19 outbreak
Due to coronavirus concerns, owners and higher-tier contracting parties may be considering pausing work on a project until the impacts of the virus are better known and under control. Suspension clauses typically confer upon one party a unilateral right to suspend contract performance (usually for a certain period of time) without materially breaching the contract.
Construction contracts and coronavirus complications: Will force majeure hold?
Force majeure law in the context of pandemics and epidemics is largely uncharted territory. While some sources predict an uptick in disputes, claims, and litigation because of the novel coronavirus and its reverberating effects (which could, unfortunately, be felt for some time), it is hard to know now exactly how a court or arbitrator would
Rent-A-Center delegation of arbitrability to the arbitrator is alive and well in Missouri
Rule 9 of the Construction Industry Arbitration Rules published by the American Arbitration Association (AAA) empowers the arbitrator to decide issues regarding the “existence, scope, or validity of the arbitration agreement” and “the existence or validity of a contract of which an arbitration clause forms a part.” This is referred to as a delegation clause.
Options for construction companies facing withdrawal liability
Construction companies with union employees often must make contributions to a defined benefit pension plan sponsored by the union. These plans are called “multiemployer” pension plans.
As a general rule, multiemployer plans are not well-funded. In 2015, for example, a federal study showed that 98.3 percent of multiemployer plans were underfunded. Collectively, that underfunding surpassed