Category Archives: Public Construction

DOJ Antitrust “Strike Force” Will Crack Down on Collusive Bidding and Procurement Fraud

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On November 5, 2019, the Department of Justice (DOJ) announced the formation of a new Procurement Collusion Strike Force (PCSF) to prosecute collusive bidding and procurement fraud in government contracting. According to Deputy Attorney General Jeffrey Rosen, the PCSF “will target bid-rigging and other antitrust crimes that can cost American taxpayers billions of dollars each year by undermining the federal government’s processes for purchasing goods and services and for money granted to states and municipalities to undertake large, high-dollar-figure public improvement projects.” The PCSF will [...]Read more

Chris Roux in U.S. News–Best Lawyers “Best Law Firms” on the State of American Infrastructure

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Alston & Bird partner Chris Roux had his article, “Building Blocks: Everyone Agrees U.S. Infrastructure Is in Lamentable Shape,” published in the 2019 “Best Law Firms” edition of U.S. News–Best Lawyers.  The article evaluates the current condition of infrastructure in the United States and the extent to which Congress and the Trump administration can and/or will take action to remedy the problems.  Although there were high hopes, Congress has failed to pass major infrastructure legislation.  Roux evaluates the potential impact of public-private partnerships as a possible delivery [...]Read more

Trump’s Proposed Infrastructure Plan: Is It Much More Than It Seems?

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President Trump released his long-awaited infrastructure plan last week, and like most things that come out of the White House, it was overshadowed by the partisan politics that dominate our government. The plan has been decried as a “farce,” a “scam,” and “underwhelming” by some. Most of the criticism focuses on what is perceived to be a modest amount of federal funding—$200 billion—committed by the White House as well as the significant reliance on state and local funding sources and private investment. However, an argument can be made that the plan is about much more than the [...]Read more

Chris Roux and John Hanover Published in The Construction Lawyer on Implied False Certification Liability

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Alston & Bird partners Chris Roux and John Hanover had their article, “Implied False Certification Liability Under the False Claims Act: How the Materiality Standard Offers Protection after Escobar,” published in the Winter 2018 edition of The Construction Lawyer. The article takes an in-depth look at the viability of implied false certification claims under the False Claims Act by examining their use before and after the U.S. Supreme Court’s Escobar decision, the key elements of the decision, and how varying interpretations of the decision apply to the construction industry. Readers [...]Read more

Chris Roux Quoted in Law360 on Trump’s Infrastructure Plan

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On August 18, Alston & Bird Construction & Government Contracts partner Chris Roux was quoted in the Law360 article “Trump Infrastructure Order Shows Strategy Without Clear Plan.” The article discusses the potential impact of President Donald Trump’s August 15 Executive Order that was intended to push the government to complete environmental reviews to approve or deny major infrastructure projects within a two-year time frame, on average. The Executive Order also repeals an order signed by President Barack Obama in 2015 that required federal agencies and developers to factor in climate [...]Read more

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