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Section 179D of the Internal Revenue Code, first enacted in 2006, grants qualifying building owners or tenants of commercial buildings a federal tax deduction for the installation of energy-efficient features and systems in existing or new-build projects. The Inflation Reduction Act of 2022 (“IRA”)...
Flow-down (or “pass-through” or “conduit”) clauses are a common feature in construction contracts, particularly in projects involving multiple tiers of contracts. These clauses are intended to ensure the terms and conditions between the prime contractor and owner apply to all lower tiers of...
"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...
New Developments at OSHA, National and Local Partner Michael Metz-Topodas will speak at the Half Day Construction Symposium put on by the American Subcontractors Association and Pennsylvania Builders Exchange.
Michael Metz-Topodas will speak on a panel during the AACEI Houston Gulf Coast Symposium. Michael's panel will focus on supply chain issues in the industry.
On November 30, 2023, the Illinois Supreme Court issued a decision in the case of Acuity v. M/I Homes of Chicago, LLC, et al., 2023 IL 129087 with significant implications for insurance coverage of construction defects under commercial general liability (CGL) policies.
A recent Maryland appellate decision arising from an insurance company’s exercise of subrogation rights against negligent subcontractors in connection with tornado damage to a warehouse illustrates the pitfalls of waiver of subrogation clauses in construction contracts. In XL Insurance America, Inc...
Saul Ewing's Construction Group is hosting a complimentary half-day symposium discussing hot topics in the industry. The morning will begin with a presentation by our keynote speaker, Dana Peterson, Chief Economist of The Conference Board, who will discuss the current state of the economy and a...
Jim Goodrich will moderate a panel called “Following the Money in a Construction Project” during the 2023 HEREL Annual Conference at University of Minnesota. This session will address several money-related topics that arise over the course of a project such as allowances, contingencies, savings, and...
Throughout 2023, OSHA has implemented multiple policy changes meant to enhance its enforcement mechanisms, including increased funding and inspector hirings, revisions to the "instance-by-instance" violation policy, modifications to the Severe Violator Enforcement Program, and the new electronic...
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)...
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...
Edward (Ted) Behm brings more than 20 years of experience as an intellectual property attorney to his work assisting clients with patent preparation and prosecution and IP litigation. His patent preparation and prosecution work includes both domestic and foreign patents, trademarks and copyrights...
Juan Martinez is a trial lawyer who guides corporate clients through legal challenges ranging from shareholder and partnership disputes to winding down businesses. His experience with business dissolution spans from buyouts and windups to noncompete issues, asset liquidation, employment and...