A recent article published by Roads and Bridges magazine reports that the Office of Management and Budget is working to broaden the scope of the Buy America and Buy American Acts. Some of these efforts were intended by the 2021 Infrastructure Investment and Jobs Act (IIJA). But the latest effort goes beyond the intended scope of the IIJA by expanding application from steel and iron to lumber, drywall, glass, and more. As the Biden Administration tries to close a purported “giant loophole” in domestic preferences, contractors may have to pay the price. Previously, I’ve written about the Build America, Buy America provisions in the IIJA. Although the White House and OMB assert that waivers may be granted, historically they are few and far between.
Roads & Bridges | Life, Liberty and Contract Claims
LIFE, LIBERTY AND CONTRACT CLAIMS
The Declaration of Independence Doubles as a Familiar Lesson in Construction Contracts
Look to the Declaration of Independence for […]
Jonathan Straw: Editor
CLOSING THE LOOPHOLE: ARIZONA ADDS PROMPT PAY PROTECTIONS TO REVITALIZATION DISTRICTS
Arizona contractors operating in public and quasi-public sectors sometimes rely on Prompt […]
Roads & Bridges | What Counts as a Contract Document
WHAT COUNTS AS A CONTRACT DOCUMENT
A recent decision clarifies how attachments and background reports can fall outside the contract
A DOCUMENT for informational […]
Roads & Bridges | Award Upheld in W. Va. Caisson Dispute
AWARD UPHELD IN W.VA. CAISSON DISPUTE
Federal court reinforces high bar for overturning arbitration
In 2018, the West Virginia Department of Highways (DOH) awarded […]
Roads & Bridges | Let the Contract Lead
LET THE CONTRACT LEAD
Documents offer guidance needed to manage risk without derailing projects
Construction is an industry of managed risk. Whether the prices […]
Roads & Bridges | When is an Invoice Really an Invoice?
WHEN IS AN INVOICE REALLY AN INVOICE?
All court decisions are opinions. Appellate court decisions are typically made by a panel of three […]
Roads & Bridges | Clarifying Punitive Damages
CLARIFYING PUNITIVE DAMAGES
In June 2021, the South Dakota Department of Transportation contracted for the demolition and construction of a bridge on State […]
Roads & Bridges | When Approximate Means Assumed Risk
WHEN APPROXIMATE MEANS ASSUMED RISK
A New York Court Shows How Performance Specifications Can Leave Contractors Holding the Bag
Sometimes when we are told […]
Roads & Bridges | From Roman Arches to AI
FROM ROMAN ARCHES TO AI
Can Construction Evolve Without Risk?
The construction industry blends old with new. From ancient Roman archways and aqueducts and […]
