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DIRECTORY AND CAPABILITIES

The Federal Freeze Playbook: Key Steps for Government Contractors Amid a Potential Federal Funding Freeze

February 19, 2025 — Abby Bello Salinas & Michael A. Branca - Peckar & Abramson, P.C.
This Alert will provide an overview of the current status of the Federal Funding Freeze and five key steps that can be taken in preparation for what may come. Current Status of the Federal Freeze The memorandum issued by the Office of Management and Budget (“OMB”) on January 27 required all federal agencies to “temporarily pause all activities related to obligation or disbursement of all Federal financial assistance, and other relevant agency activities that may be implicated by the [President’s] executive orders,” and to submit information regarding their federal financial assistance programs to OMB before February 10. Very quickly, the memorandum was enjoined by a federal court, rescinded, and then put back in flux by a tweet from the President’s press secretary claiming that the rescission did not stop the freeze. As expected, a legal battle is underway, with a judge extending the injunction on February 3 despite the Trump Justice Department’s arguments that the federal court had no authority to intervene after OMB rescinded its January 27 memorandum. Reprinted courtesy of Abby Bello Salinas, Peckar & Abramson, P.C. and Michael A. Branca, Peckar & Abramson, P.C. Ms. Salinas may be contacted at asalinas@pecklaw.com Mr. Branca may be contacted at mbranca@pecklaw.com Read the full story...

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Milestone Tunnels are Centerpiece of Landmark Virginia Bridge-tunnel Expansion

June 16, 2025 — Jim Parsons - Engineering News-Record
Constructed as the world’s first bridge-tunnel complex in 1957, the Hampton Roads Bridge-Tunnel was an engineering milestone in a natural harbor already rich in history, from the landing point for voyagers who would establish the first permanent English settlement upriver at Jamestown to the first battle of ironclad vessels during the Civil War. Read the full story...
Reprinted courtesy of Jim Parsons, Engineering News-Record
ENR may be contacted at enr@enr.com

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How To Spot a Bad Contractor Before It’s Too Late – Part 1

June 23, 2025 — Jon Grishpul - GreatBuildz
Although people aren’t always fully aware, hiring a general contractor to renovate your home is a daunting and risky endeavor. The process of renovating seems reasonably straightforward: just decide what you want to do, get a few bids from some local contractors, choose your favorite, and get started. Unfortunately, it’s rarely that smooth and easy… that’s why over 50% of homeowners report having negative experiences with their remodel or issues with a bad contractor. If you haven’t already hired a contractor, there are a few very important steps you can take upfront to help ensure you won’t end up with a bad contractor who you might need to fire down the road. I suggest you read my blog article about what steps to take to ensure you find a great contractor. Read the full story...
Reprinted courtesy of Jon Grishpul, GreatBuildz

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Construction Contracts that Mitigate Impacts from Tariffs and Immigration Enforcement

April 15, 2025 — Tiffany A. Harrod & Joshua M. Pruett - Peckar & Abramson, P.C.
Tariffs and immigration enforcement are at the forefront of the federal government’s agenda in today’s world, and both can have a substantial impact on a construction contractor’s cost and time to perform its work. However, with proper planning and contract negotiations, contractors can eliminate, or at least, minimize the risk of delays and cost increases driven by tariffs and immigration enforcement efforts. Potential impacts caused by tariffs and immigration enforcement should be evaluated during pricing, contract negotiations, and throughout the construction project. Current contracts should be reviewed to assess contractors’ rights to change orders and time extensions, and drafting and negotiating of new contracts should include planning for price increases resulting from the impact of tariffs and immigration enforcement. This article discusses ways that contractors can proactively address impacts and reduce the risk of costly disputes related to steel and aluminum tariffs, labor shortages, supply chain disruptions, force majeure events, supplier and subcontractor changes and renegotiations, communication and notice management, and timing and delay impact management. Reprinted courtesy of Tiffany A. Harrod, Peckar & Abramson, P.C. and Joshua M. Pruett, Peckar & Abramson, P.C. Ms. Harrod may be contacted at tharrod@pecklaw.com Mr. Pruett may be contacted at jpruett@pecklaw.com Read the full story...

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Homeowners Battle Insurers Over $2.9 Trillion Climate Risk

June 16, 2025 — Claudia Cohen, Gautam Naik & Tom Fevrier - Bloomberg
When Bernard Weisse first noticed a tiny crack in the outer wall of his house on the outskirts of Paris, he dismissed it as little more than a nuisance. But in the four years since, a spiderweb of fissures has spread from floor to ceiling and snaked into virtually every corner of his home. “We can hear loud cracking noises especially when it’s warm outside,” said the retired salesman and father of three. “Sometimes, I think we should get all our stuff together and leave.” Like a growing number of people around the world, Weisse is grappling with subsidence — a term for the sinking land that’s causing damage to homes and other structures built on it. The slow-moving climate disaster has already caused tens of billions in damage and has the potential to affect 1.2 billion people in areas accounting for more than $8 trillion of economic output. Reprinted courtesy of Claudia Cohen, Bloomberg, Gautam Naik, Bloomberg and Tom Fevrier, Bloomberg Read the full story...

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Summary Judgment for Insurer on Construction Defect Claim Reversed

January 07, 2025 — Tred R. Eyerly - Insurance Law Hawaii
The Fifth Circuit reversed the district court's granting of summary judgment to the insurer on a construction defect claim asserted against the insured. TIG Ins. Co. v. Woodsboro Farmers Cooperative, 2024 U.S. App. LEXIS 24003 (5th Cir. Sept. 20, 2024). In March 2013, Woodsboro Farmers Cooperative contracted with E.F. Erwin, Inc. to construct two Brock 105' diameter grain silos. Erwin hired subcontract AJ Constructors, Inc. (AJC) to construct the silos. Erwin was responsible for supervising the work. Brock silos were kits shipped by the manufacturer and then assembled according to the manufacturer's manuals and specifications. The silos are constructed section by section. AJC began erecting the silos in May 2013 and completed its work in June or early July. Erwin occasionally inspected the work and found the silos were structurally sound and not defective. AJC left the job site after completing the assembly. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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Real Estate Firms Push to Preserve Carried Interest Tax Break

May 12, 2025 — Erik Wasson - Bloomberg
The real estate industry is at the forefront of a lobbying blitz to sway Congress to preserve the carried interest tax break that President Donald Trump wants to abolish in a giant tax bill pending in Congress. The real estate industry — representing affordable housing and construction jobs as economic anxiety mounts — presents a more sympathetic case to lawmakers than the other main beneficiaries of carried interest: private equity and venture capital. “When you have a development that a member of Congress can see or can imagine in their district, that resonates,” said Greg Brown of the National Apartment Association, who oversaw an 800-member lobbying event in March to press Congress on carried interest and other issues important to his group. Read the full story...
Reprinted courtesy of Erik Wasson, Bloomberg

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Colorado’s Housing Crisis: How S.B. 25-131 Could Be a Step in the Right Direction

March 04, 2025 — David McLain - Higgins, Hopkins, McLain & Roswell, LLC
The cost of housing in Colorado has been an ongoing concern for homeowners, tenants, and developers alike. Senate Bill 25-131 (S.B. 25-131) seeks to address some of these issues by modifying laws related to construction defect claims, landlord-tenant relationships, and local energy code requirements. This bill, scheduled for its first hearing on March 4th at 2:00 PM in the Senate State, Veterans, & Military Affairs Committee, represents a significant step toward balancing protections for homeowners and developers while fostering an environment for lower housing costs. Key Provisions of S.B. 25-131 Construction Defect Claims One of the most significant barriers to affordable home construction in Colorado has been the prevalence of construction defect litigation. Over the past two decades, this legal environment has dissuaded builders from undertaking multi-family and condominium developments, fearing costly lawsuits that can emerge years after project completion. Senate Bill 25-131 seeks to restore balance by clarifying when construction defect claims can proceed and limiting litigation that hampers development. Read the full story...
Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell
Mr. McLain may be contacted at mclain@hhmrlaw.com

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