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The Wright Toolbox

Welcome to “The Wright Toolbox,” a publication of the Construction Law Group at Wright, Constable & Skeen with offices located in Maryland and Virginia. Our goal is to provide relevant and timely information for the construction industry with emphasis on the needs of construction business owners, officers and managers.  We are lawyers, but we recognize that we are writing for non-lawyers, so we will keep our articles straightforward and easy to read; no legalese or legal jargon.  We also know your time is valuable, so we will keep our articles short and to the point where possible.

The Latest Tool for Your Toolbox

2024

  • October 17, 2024 – link
    • Is the False Claims Act Dead?
  • October 3, 2024 – link
    • Maryland’s New Wage Range Transparency Law Took Effect on October 1, 2024
  • September 19, 2024 – link
    • Buying and Selling a Business
  • September 5, 2024 – link
    • Protest Denied Because Responsive Information Was Not In The Proper Place
  • August 15, 2024 – link
    • Does a Statute of Limitations Apply to Arbitration?
  • August 1, 2024 – link
    • New Final Rule Updating the Disadvantages Business Enterprise Program
  • July 18, 2024 – link
    • OFCCP Publishes Guidance On The Use Of Artificial Intelligence In The Employment Context For Federal Contractors
  • June 20, 2024 – link
    • New Final Federal Rule Requires Procurement of Sustainable Products and Services
  • June 6, 2024 – link
    • Maryland’s New Wage Range Transparency Act
  • May 16, 2024 – link
    • New Final Rule Increases FLSA Overtime Exemption Salary Limits
  • May 2, 2024 – link
    • After Numerous Challenges, SEC Orders a Stay of its Climate Related Reporting Requirements
  • April 18, 2024 – link
    • American Arbitration Association Issues Updated Rules for Construction Industry Arbitration and Mediation
  • April 4, 2024 – link
    • The DOJ Will Soon Have a Shiny New Whistle to Fight Corporate Misdeeds
  • March 21, 2024 – link
    • New Beneficial Ownership Reporting Rule: A Mandatory Requirement for Small Closely Held Businesses
  • March 7, 2024 – link
    • DOJ Issues False Claims Act Report For Fiscal Year 2023
  • February 15, 2024 – link
    • New Regulations Issued Prohibiting the Federal Government and Federal Contractors from Considering Pay History in Making Salary Determinations
  • February 1, 2024 – link

    • Protest Based on Alleged Government Bias is a “Tough Row to Hoe”

  • January 18, 2024 – link

    • Federal Government Gives A Big Christmas Gift to Labor Unions By Mandating PLA’s on Certain Government Projects (A lump of coal to non-union shops)

  • January 4, 2024 – link
    • Protest Sustained Because Discussions Were Not Meaningful

2023

  • December 21, 2023 – link
    • Be Careful of Agency Communications That Could Be Construed as Agency Level Protests
  • December 7, 2023 – link
    • Protecting Your Business Name
  • November 16, 2023 – link
    • 2023 GAO Bid Protest Annual Report
  • November 2, 2023 – link
    • In Case You Missed It – The Far Rules Ban the Use of Tiktok on Government Contracts
  • October 19, 2023 – link
    • Be Wary of Artificial Intelligence
  • October 5, 2023 – link
    • Federal Circuit Court Clarifies Termination for Default Standard
  • September 21, 2023 – link
    • SBA Size Certification Matters for False Claims Act Purposes
  • September 7, 2023 – link
    • Massive Change to SBA 8(A) Program as a Result of a Recent Court Decision
  • August 17, 2023 – link
    • Union Right to Strike Does Not Protect Against State Court Tort Claims
  • August 3, 2023 – link
    • New SBA Final Rule Clarifies the Ostensible Subcontractor Rule
  • July 20, 2023 – link
    • Changes to Immigration I-9 Form Completion Requirements Coming Soon
  • July 6, 2023 – link
    • What Does the Supreme Court’s Latest FCA Decision Portend for Future Cases involving the Construction Industry?
  • June 15, 2023 – link
    • The Winds of Change are Blowing with Respect to Non-Compete Clauses
  • June 1, 2023 – link
    • Maryland Minimum Wage to Increase Sooner, All at Once and for All Employers
  • May 18, 2023 – link
    • Who is an Additional Insured – Are You Covered?
  • May 4, 2023 – link
    • New Law to Affect Employment Non-compete and Conflict of Interest Provisions
  • April 20, 2023 – link
    • Year 2023-2024 Comprehensive Zoning Process
  • April 6, 2023 – link
    • Cyber Policies Increasingly Present a Challenge in the Application Process
  • March 16, 2023 – link
    • Be Smarter Than Harvard
  • March 2, 2023 – link
    • Faster Pay Days for Certain Government Contractor Small Businesses
  • February 16, 2023 – link
    • DOJ Issues False Claims Act Report For Fiscal Year 2022
  • February 2, 2023 – link
    • Size Might Matter, Even It’s Unclear Whether It Does or Not
  • January 19, 2023 – link
    • New Law Requires the Federal Government To Update The Rules Regarding Organizational Conflicts of Interest
  • January 5, 2023 – link
    • Is it Time to Review your Forum Selection Contract Clauses?

2022

  • December 15, 2022 – link
    • Maryland High Court Ruling Will Require Employers To Pay Employees For More Pre-Shift And Post-Shift Activities
  • December 1, 2022 – link
    • Proposed New Rule to Require Certain Federal Contractors to Disclose Greenhouse Emissions
  • November 17, 2022 – link
    • 2022 GAO Bid Protest Annual Report
  • November 3, 2022 – link
    • Federal Government Mandatory Vaccine Update – Where Are We Now?
  • October 20, 2022 – link
    • The Department of Labor is Proposing New Rules for Employee/Independent Contractor Classification
  • October 6, 2022 – link
    • The AIA Has Now Created Lien Waiver Forms
  • September 15, 2022 – link
    • Implied Duties in Your Contract
  • September 1, 2022 – link
    • Investigative Reporters Are Looking for Your EEO Data, and Time Is Running Out to File An Objection
  • August 18, 2022 – link
    • Who Is An Additional Insured – Are You Covered?
  • August 4, 2022 – link
    • Important Limitations on the Reach of the Maryland Construction Trust Statue
  • July 21, 2022 – link
    • Off to College, but Are They (AND YOU) Really Prepared for Some of the Hidden Adulting?
  • July 7, 2022 – link
    • Is Cryptocurrency Kryptonite for Judgment Creditors? Not So Fast!
  • June 16, 2022 – link
    • The DOD Issues Guidance on Addressing Rising Costs and Inflation
  • June 2, 2022 – link
    • When Flow-Down Provisions Flow: A Recent Decision Involving AIA Contract Forms
  • May 19 – link
    • Construction Company Agrees to Pay $2.8 Million to Resolve False Claims Act Allegations
  • May 5 – link
    • Don’t Touch That!
  • April 21 – link
    • To ESOP or Not To ESOP
  • April 7 – link
    • The Old Bait And Switch Revisited – The Third Time Is The Charm
  • March 17 – link
    • DOJ Issues False Claims Act Report For Fiscal Year 2021
  • March 3 – link
    • Demise of Mandatory Arbitration in Sexual Misconduct Cases
    • Ukraine/Russia: Cyber Policy Exclusions
  • February 17 – link
    • Biden Administration Issues New Executive Order Requiring Project Labor Agreements
    • Maryland State Income Tax Filing Extension
  • February 3 – link
    • Aftermath of the Supreme Court’s Vaccination Rulings
    • OSHA Withdraws Mandate for Large Private Employers
  • January 20 – link
    • Unfair Competitive Advantages from Former Agency Employees
  • January 6 – link
    • What To Do When a Customer Files for Bankruptcy

2021

  • December 16, 2021 – link
    • 2021 GAO Bid Protest Annual Report
  • December 2, 2021 – link
    • Final Rule Issued on Federal Contractor Minimum Wages
  • November 18, 2021 – link
    • Avoid Being Dragged Down by Supply Chain Disruptions
  • November 4, 2021 – link
    • Government Contractors Beware – The False Claims Act Will Be Applied In Cyber Breach Matters
  • October 21, 2021 – link
    • Are Older Workers a Better Hiring Bet?
  • October 7, 2021 – link
    • Federal Government Contractor Vaccine Mandate Update
    • Maryland Laws that Took Effect October 1, 2021
  • September 16, 2021 – link
    • Shot, Swab, or Scram? Details on the Biden Administration’s New Vaccine Requirement
  • September 2, 2021 – link
    • D.C.’s Non-Compete Ban Deferred to April 1, 2022
  • August 19, 2021 – link
    • Sweetening the Pot: How Employers can Properly Execute Signing Bonuses
    • OSHA Issues Modified COVID-19 Guidance
  • August 5, 2021 – link
    • Did President Biden Just Create a Nationwide Ban on Non-Compete Agreements?
  • July 15, 2021 – link
    • New Laws Took Effect July 1, 2021
  • July 1, 2021 – link
    • Building Immunity: COVID-19 Vaccines Amidst the Construction Industry
    • Safety First on the Fourth
  • June 17, 2021 – link
    • Virginia’s New Overtime Wage Act
  • June 3, 2021 – link
    • 2021 Maryland Law Updates
  • May 20, 2021 – link
    • American Rescue Act Expands FFCRA Leave Allotment
  • May 6, 2021 – link
    • An “Elegant” Solution to a Messy Problem: Federal Court Finds a Covered Loss under Virginia Law for COVID Losses Despite Virus Exclusion and Anti-Concurrent Causation Clause
    • Maryland General Assembly Provides New Opportunities and Guidelines for Government
  • April 15, 2021 – link
    • Employee Retention Tax Credit Update
    • Temporary Tax Deduction Increase to 100% for Business Meals
  • April 1, 2021 – link
    • OSHA Unveils Top 10 Violations List for FY 2020
  • March 23, 2021 – link
    • Lean Times: How to Prepare Your Company
  • March 18, 2021 – link
    • DOJ Issues False Claims Act Report For Fiscal Year 2020
  • March 4 – link
    • Certificates of Insurance
  • February 18 – link
    • Independent Contractor? Maybe Not Anymore: New Virginia Worker Classification Statutes Took Effect on January 1, 2021
  • February 4 – link
    • New Corporate Transparency Act Became Effective
  • January 21 – link
    • 2020 GOA Bid Protest Annual Report
  • January 7 – link
    • Can, And Should, Employers Mandate COVID-19 Vaccines?

2020

  • December 17 – link
    • Don’t Get Bullied by the Government, Use Your “Illegal Exaction” Claim
  • December 3 – link
    • Don’t Get SLAPPed
  • November 18 – link
    • U.S. DOL Issues Proposed Rule on Independent Contractor Status
  • November 5 – link
    • “Build That Wall…Or, Actually, Don’t.” What Happens to Wall-Building Contractors if Biden Wins the Election? – read now
  • October 29 – link
    • New Rules Combine SBA 8(a) Business Development Mentor-Protégé Program with the All Small Mentor-Protégé Program – read now
  • October 15 – link
    • Four New Maryland Laws that took Effect October 1, 2020 – read now
    • Maryland’s Minimum Wage Set to Increase January 1, 2021 – read now
  • October 1 – link
    • New Executive Order Addresses “Race or Sex Stereotyping or Scapegoating” – read now
  • September 17 – link
    • New Appeal Process Established by the SBA for PPP Loan Forgiveness Determinations – read now
  • September 3 – link
    • New Interim Rules on the Government’s Ban on Tech From China – read now
  • August 20 – link
    • Business Interruption Insurance Coverage Update – read now
  • August 6 – link
    • Protesting The Space Between – read now
  • July 16 – link
    • To Arbitrate Or Not To Arbitrate, That Is The Question – read now
    • Employer Leave Donation Programs Benefiting COVID-19 Victims (IRC §170) – read now
  • July 2 – link
    • Virginia Supreme Court Says General Contractor Can Be Liable to Subcontractor’s Supplier for Unjust Enrichment – read now
    • New Laws for Virginia Employers – read now
  • June 18 – link
    • The DOD Increases Sole Source Contract Opportunities For 8(a) Contractors – read now
  • June 4 – link
    • Government Knowledge Defense to False Claims Act Suits – read now
    • U.S. Census Bureau Releases New Data on Minority and Women-Owned Businesses – read now
  • May 21 – link
    • Economic Toll of the Pandemic – read now
  • May 7 – link
    • Moving Forward – What Does Stage One of the Reopening Plans Look Like for Employers? – read now
    • Does COVID-19 Give Rise to an Impossibility Defense? – read now
  • April 16 – link
    • Paycheck Protection Program FAQ for Borrowers – read now
    • COVID-19 and Your Commercial Lease – read now
  • April 3 – link
    • Maryland Small Business COVID-19 Relief Programs – read now
    • Paycheck Protection Program Loans Under the CARES Act – read now
  • March 5, 2020 – link
    • You Might Have Cyber Coverage You Didn’t Know You Had – read now
    • Ban The Box Took Effect In Maryland On February 29, 2020 – read now
  • February 20, 2020 – link
  • February 6, 2020 – link
  • January 16, 2020 – link
    • The False Claims Act –  Qui Tam Actions an Overview – read now
    • DOJ Announces False Claims Act Recoveries in FY 2019 – read now
  • January 2, 2020 – link
    • President Trump Terminates Executive Order Requiring First Right of Refusal for Incumbent Staff – read now
    • Can a Later Contract Automatically Cancel a Prior Contract? It Depends on the Law of Novation? – read now

2019

  • December 19 – link
    • Trying to Combat the Race to the Bottom, the DOD Limits LPTA Contracting Method – read now
    • 5 Tips to Address and Prevent Workplace Violence – read now
  • December 5 – link
    • Government Over-Inspection Could Be A Breach – read now
    • DOL Issues New Overtime Rule Effective January 1, 2020 – read now
  • November 21 – link
    • 2019 GAO Bid Protest Annual Report – read now
    • Virginia Contractors Looking to End “No Limits” Policy – read now
  • November 7 – link
    • When is a law not “The Law?” An Examination of Maryland’s Statute of Repose – read now
    • Don’t Ignore Your Contract Notice Provisions – read now
  • October 17 – link
    • Noncompete Agreements Now Illegal For Lower-Wage Maryland Workers – read now
    • Liquidated Damages – read now
  • October 3 – link
    • Maryland Court of Appeals Upholds Economic Loss Doctrine- read now
    • Contractual Indemnity Provisions for First Party Attorney’s Fees Are Enforceable? – read now
  • September 19 – link
    • The Automatic Stay in Bankruptcy – An Overview – read now
    • Preference Actions in Bankruptcy – “Zombie Claims” – read now
  • September 5 – link
    • Cyberattacks in Maryland Now Require New Notices – read now
    • What’s In Your Contract? – read now
  • August 15 – link
    • Baltimore County Year 2020 Comprehensive Zoning Process (CZMP) – read now
    • Government Contractor Suspended After Data Breach – Insufficient Cyber Security Could Be The End Of Your Business – read now
  • August 1, 2019 – link
    • A Primer on the Davis-Bacon Act – read now
    • Does a Commercial General Liability Policy Cover Defective Work by Others? – read now
  • July 18, 2019 – link
    • Sorry, I Think You Have the Wrong Number – Social Security No-Match Letters – read now
    • Pay-if-Paid vs Pay-When-Paid Clauses – read now
  • July 3, 2019 – link
    • Protest Deadline Triggered By Silence – read now
    • Do You Operate A Drone Or Use Drone Services In Your Business? Better Check Your Insurance Coverage – read now
  • June 20, 2019 – link
    • State Contractors, Be Prepared: Maryland’s Responsible Payment of Employee Health Care Expenses Act Will Become Law Effective July 1, 2019 – read now
    • Can’t We All Just Get Along – Cooperation Clauses in Insurance Policies – read now
  • June 6, 2019 – link
    • Out of the Ashes – Lessons Can Be Learned –read now
    • Who is Controlling Your Corporate Pocketbook? – read now
  • May 16, 2019 – link
    • It Ain’t Over Till It’s Over –read now
    • Department Of Labor Discretionary Suspensions And Debarments Just Became A Whole Lot Easier And Faster – That Is Probably Not A Good Thing! – read now
  • May 2, 2019 – link
    • When Opportunity Knocks, Answer The Door – New Opportunity Zones –read now
    • The New Maryland Minimum Wage After the “Fight for Fifteen” – read now
  • April 18, 2019 – link
    • Misery Loves Company; Your Subcontractor’s Employees Are Your Problems Too –read now
    • Spring Cleaning Priorities for Your Business – read now
  • April 4, 2019 – link
    • Out of State Companies Doing Business In Maryland –read now
    • Buy American Revamp – New Executive Order – read now
  • March 21, 2019 – link
    • 5 Hiring Danger Zones –read now
    • 2018 GAO Bid Protest Annual Report – read now
  • March 7, 2019 – link
    • Pre-Nuptial Agreements as a Business Value Protection Tool – read now
    • The Importance of Claim Notices and Lien Waivers –read now
  • February 21, 2019 – link
    • Employer Liability for Harassment Extends to Actions of Customers as Well – read now
    • Who Is An Additional Insured – Are You Covered? – read now
  • February 7, 2019 – link
    • OSHA Top 10 Violations for 2018 – read now
    • Work Environment for MBE Subcontractors is Important  – read now
  • January 24, 2019 – link
    • The Small Business Runway Is Clear For Takeoff – read now
    • What To Do When A Customer Files For Bankruptcy – read now
  • January 4, 2019 – link
    • ASBCA Makes Headway – read now
    • DOJ Issues False Claims Act Report For Fiscal Year 2018 – read now

2018

  • December 2, 2018 – link
    • Are You Getting the Most Out of Your Performance Reviews? – read now
    • Mind Your State Registration – read now
  • December 6, 2018 – link
    • The Accidental Protest – read now
    • Contractual Statutes of Limitations: Are They Enforceable? – read now
  • November 15, 2018 – link
    • Federal Contractors Get Ready for Government Snooping – read now
    • When Should You Tell An Employee to “Suck It Up”? – read now
  • November 1, 2018 – link
    • General Contractors Beware Of Being Too Demanding – read now
    • Employer Notice for Background Credit Checks Changed – read now
    • Interviewers And Recruiters Beware – read now
  • October 18, 2018 – link
    • Is A Fire A Cardinal Change? – read now
    • When A Well Written Harassment Policy Is Not Enough – read now
  • October 4, 2018 – link
    • Teaming Agreements From the Subcontractor’s Perspective – read now
    • Missed It By That Much – read now
    • Employers Beware of Making Automatic Deductions From Employees’ Pay – read now
  • September 20, 2018 – link
    • EEOC Releases Latest Data – read now
    • Streamlined Three-Arbitrator Panel Option – read now
    • OFCCP Renewed Focus on Affirmative Action/EEO Compliance – read now
  • September 6, 2018- link
    • It is Time to Address the Potential Impact of Tariffs in Construction – read now
    • Pushing the Government Contracting Officer – read now
  • August 16, 2018 – link
    • EEOC Issues “Promising Practices for Preventing Harassment” – read now
    • A Reminder to Read the “Fine Print” in Insurance Policies – read now
  • June 18, 2018- link
    • When Does Maryland’s Construction Trust Statute Apply? – read now
    • Maryland Adopts New Sexual Harassment Law – read now