Construction

Am I Going to Jail? Criminal Liability for Workplace Deaths

<b>Marti J. McCaleb</b>, Schwabe, Williamson & Wyatt, PC, Seattle, WA, Division 1 (Litigation & Dispute Resolution) and Division 5 (General Contractors)

Can you really go to prison if your employee dies in a work-related accident? Washington state prosecutors recently charged the owner of a local construction company with felony homicide over the death of an employee in a trench collapse. What risks do contractors face under state and federal laws, and how can employers protect against those risks?

Cost-Plus Contract Agreement and the Disorganized Contractor

<b>I’Ashea Myles-Dihigo</b>, Leitner, Williams, Dooley & Napolitan, PLLC, Nashville, TN, Division 1 (Litigation and Dispute Resolution)

A review of the caselaw regarding the duties created by a contractor’s use of a cost-plus construction agreement and a few best practices to protect your contractor client’s interests.

Spotlight: Division On Labor Law/Six — Ready-Mix Delivery Companies and Their Drivers Are Not Engaged in the Building and Construction Industry under the Labor Law

Gerard (Jerry) Morales, Snell & Wilmer L.L.P.

Ready-Mix concrete suppliers and their drivers are an integral part of the construction industry, but the National Labor Relations Board draws a distinction between employers who supply materials to the construction industry and employers who operate within the construction industry itself. This distinction is important for determining whether an employer may, under the National Labor Relations Act, enter into what is called an 8(f) collective bargaining relationship with a union.

Courts & Judiciary

Court Findings Open the Floodgates to Claims against Project Sureties

by Claire E. Sauls

The United States District Court for the District of Columbia’s recent opinion in United States ex rel. Scollick v. Narula addresses the sufficiency of a plaintiff’s claims and explores the potential for surety liability in a litigation involving alleged False Claims Act (FCA) violations.1 The case originates from a matter brought by plaintiff-relator Andrew Scollick (Plaintiff) against 18 defendants, including construction companies and their principals, sureties, and other individuals, for alleged violations of the FCA in connection with a scheme to obtain certain set-aside government contracts through fraudulent means.2