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Breana Ware Quoted in The Christian Science Monitor

May 23, 2017 By Alston Government Contracts Team

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

Filed Under: Public Construction, State, Regional and Local Government Contracts Tagged With: Border Wall, President Trump, Press

Davis-Bacon Act Repeal Efforts Renewed

April 24, 2017 By Andrew Howard

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

Filed Under: Advice to Contractors & Grant Recipients, P3 Matters, Public Construction Tagged With: Davis-Bacon Act, Infrastructure Plan, President Trump, Transportation Investment Recalibration to Equality (TIRE) Act, U.S. Department of Labor (DOL)

The Trump Administration’s Move Toward Pro-Employer Policies

April 17, 2017 By Jeffrey Belkin

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

Filed Under: Advice to Contractors & Grant Recipients, Public Construction, Public Health Care Contracts Tagged With: Blacklisting Rule, Executive Order, House Joint Resolution 37, President Trump

Chris Roux Published in Law360 on Trump’s Infrastructure Plan

April 10, 2017 By Alston Government Contracts Team

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

Filed Under: P3 Matters, Public Construction Tagged With: Infrastructure Plan, President Trump, U.S. Department of Commerce (DOC)

Circuit Court Signals Potential Impacts of Escobar

July 20, 2016 By Alston Government Contracts Team

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

Filed Under: Government Contract-Related Investigations and the False Claims Act, Public Construction Tagged With: Davis-Bacon Act, False Claims Act (FCA), Implied Certification Theory, Qui Tam, Seventh Circuit Court of Appeals, Universal Health Services Inc. v. United States ex rel. Escobar

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This blog is a service of Alston & Bird’s Government Contracts team and provides insights on cases, rules, trends, and latest developments in local, state, and federal government contracting. Our attorney observations include analysis of investigations, litigation, protests and issues affecting present or prospective prime contractors, subcontractors, and grant recipients across various industries.

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