Category Archives: Public Construction

Breana Ware Quoted in The Christian Science Monitor

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On May 17, Alston & Bird Construction & Government Contracts associate Breana Ware was quoted in The Christian Science Monitor article “For Builders, Trump’s Wall Beckons but Is Fraught with Political Risk.” The article discusses how political pressure from state legislatures and activists has been focused directly on some of the largest and best-known design, engineering, and construction firms that are qualified to complete President Trump’s proposed border wall. Such pressure, in the form of protests and proposed and passed state antiwall legislation targeting participating companies, [...]Read more

Davis-Bacon Act Repeal Efforts Renewed

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Republican members of Congress have renewed steps to repeal the Davis–Bacon Act, which sets the prevailing wage requirements for workers employed under federally funded or assisted contracts for the construction, alteration, or repair of public works. In January, Senator Jeff Flake (R-AZ) introduced the Transportation Investment Recalibration to Equality (TIRE) Act that would suspend the Davis–Bacon Act’s provision that workers on federal contracts be paid a prevailing wage for all federal highway construction projects. Additionally, Senator Mike Lee (R-UT) and Representative Steve King (R-IA) [...]Read more

The Trump Administration’s Move Toward Pro-Employer Policies

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On March 27, 2017, President Trump signed House Joint Resolution 37 under the Congressional Review Act, which in essence blocked the Fair Pay and Safe Workplaces Executive Order (the “Blacklisting Rule”) signed by President Obama. By signing this Resolution, the Blacklisting Rule and the Department of Labor guidance remain in place, but as a practical matter will not be enforced by the Trump Administration. This Resolution will have minimal impact on government contractors in the short term since the Eastern District of Texas already issued a preliminary injunction in 2016 enjoining the implementation [...]Read more

Chris Roux Published in Law360 on Trump’s Infrastructure Plan

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On April 7, Law360 published “Trump’s Infrastructure Plan: Getting The Show On The Road,” written by Alston & Bird Construction & Government Contracts partner Chris Roux.  In the article, Chris lays out the promises regarding infrastructure spending made by President Donald Trump during his campaign and the actions the Trump administration has taken that support and contradict those commitments. Chris then discusses some of the many questions and difficulties surrounding the plan and outlines three key needs that will be critical to successful implementation. These include: Creating [...]Read more

Circuit Court Signals Potential Impacts of Escobar

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Lower courts have begun grappling with the implications of the U.S. Supreme Court’s decision in Universal Health Services, Inc. v. United States ex rel. Escobar. In U.S. ex rel. Sheet Metal Workers International Association v. Horning Investments, LLC, a union filed a qui tam lawsuit against Horning Investments, LLC. Horning, a roofing company, was acting as a subcontractor for a construction project for the U.S. Department of Veterans Affairs. The union claimed that Horning violated the False Claims Act by failing to pay union workers in accordance with the Davis-Bacon Act. Under the Davis-Bacon [...]Read more

Law360 Quotes Chris Roux on Florida I-4 Ultimate Project

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Alston & Bird Construction & Government Contracts partner Chris Roux was quoted on federal funding for Florida’s $2.3 billion I-4 Ultimate Project in conjunction with traditional public-private partnerships.  As indicated by Roux, a notable aspect of the project is the inclusion of two TIFIA loans and construction loans with Societe Generale as the syndication agent, CIBC as the documentation agent and BTMU as the administrative agent.  Roux said that the TIFIA loans, at approximately $950 million, were the largest ever TIFIA loans to a P3 project. To read more about Roux’s comments [...]Read more

Are More Constitutional Challenges to State DBE Contracting Programs On the Way?

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An Illinois construction company is petitioning the U.S. Supreme Court to decide whether it has standing to challenge as unconstitutional a state’s implementation of a disadvantaged business enterprise (DBE) participation goal in connection with a road project. If sustained, the company’s challenge would have far-reaching implications, including opening the door for other disappointed bidders to prosecute constitutional challenges to states’ implementation of mandatory disadvantaged business contracting programs. In 2009, the Illinois Department of Transportation (IDOT) sought bids for [...]Read more