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Between Biden’s “most pro-union president ever” term and Trump’s recent federal policy changes done more by chainsaw than scalpel, Project Labor Agreements (PLAs) have endured a tumultuous path recently. Used primarily on construction projects, PLAs refer to pre-hire contractor collective bargaining...
Earlier this year, the American Institute of Architects (“ AIA”) released updated form contract documents for traditional design-build (“ Traditional DB”) construction projects and introduced a new set of progressive design-build (“ Progressive DB”) forms. In a design-build project, the owner...
In a flurry of executive orders starting at inauguration, the Trump White House has dramatically shifted administrative agencies’ operations, including those of the Occupational Safety and Health Administration (OSHA) and its implementation of the pending “Heat Injury and Illness Prevention in...
One mandate under the PPACA [1] required health care providers, non-grandfathered health insurance issuers and self-insured group health plans to provide consumers with access to information about the cost of services before they receive care (“Transparency in Coverage” or “TiC”). During his first...
The 2025 steel and aluminum tariffs are already reshaping cost structures in the construction sector, adding financial pressures to an industry that had hoped for more stability this year. On March 4, 2025, the U.S. imposed a 25% tariff on steel and aluminum imports from Canada and Mexico, with a...
In the prior article we discussed the reasoning behind creation of a health and welfare committee to oversee administration of the health and welfare plans. In creating a charter, a plan sponsor will need to decide whether to include a work plan as an exhibit to that charter as a general guide to...
Following the flurry of regulatory guidance and informal comments from officials at the Employee Benefits Security Administration, and other agencies of the Federal government, health and welfare plans should be a primary focus for plan sponsors in the upcoming year. Designating a Committee or...
“Substantial Completion” is a critical concept in construction contracts and one as to which parties often have contrary conceptions. Finding a definition of Substantial Completion acceptable to both the owner and the construction contractor on a project (not to mention one that aligns with the term...
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...
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...
This week we move away from the world of the standard retirement or health and welfare plans and into the world of executive compensation. Executive compensation arrangements provide a company with a highly flexible benefit to further attract and retain top talent. Issues in design and...
In the past two weeks, we have presented a few items that plan sponsors can review in hopes of curbing common employee benefits and executive compensation errors. This week in our Employee Retirement Income Security Act of 1974 (“ERISA”) series, we touch on a small sample of common health and...
In a recent decision by the Seventh U.S. Circuit Court of Appeals, the court interpreted Illinois law and clarified the rights and obligations of owners, their insurers and public adjusters in the situation in which the public adjuster is identified as a co-payee on a check paying insurance proceeds...
For better or for worse, the 401(k) plan has moved to center stage in the context of American retirement policy. Fittingly, Part 2 of this Employee Retirement Income Securities Act of 1974 (“ERISA”) driven series focuses on a handful of common misses that occur with 401(k) plans. Not Knowing the...
The Employee Retirement Income Security Act of 1974 (“ERISA”) has a reputation for being intimidating and understandably so. Although plan sponsors must practically consider business needs and evaluate benefits alongside general labor and employment considerations, ERISA’s fiduciary standards may...