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Compliance (DMWBE, WOSB, OSHA, Safety)

As many companies know, understanding and complying with laws, rules and regulations is a crucial part of the construction business and government contracting in general. It is important to understand which rules/laws apply to given situations, the best manner to comply and the consequences for violations. Our attorneys in construction law/government contracting are well versed in the rules/laws that apply to construction and government contracting and remain aware of the ever changing landscape with respect to such rules/laws and the measures needed to comply. Our team takes great pride in working with clients to develop “best practices” and training programs to comply in areas of rules/laws related to Disadvantaged, Minority, and Woman Business Enterprise (DMWBE) certification and utilization, Woman Owned Small Business (WOSB), OSHA/Safety, LEED and Buy American.

Our attorneys in our labor and employment group are similarly experienced in the rules/laws related to prevailing wage, organized labor agreements, workforce diversity, sexual harassment, other harassment and discrimination. Our team works exclusively for business ownership/management and provides handbooks, training, claim prosecution/defense, and counsel to best navigate our company clients through the dangerous sea of employment rules/laws.

Minority, Women-Owned, and Disadvantaged Business Enterprises

Government entities formulate M/W/DBE goals to promote a more competitive market and greater construction opportunities for minority, women-owned and disadvantaged business enterprises. M/W/DBE rules are meant to help to increase diversity in government projects and in the construction industry. However, the processes and requirements associated with following the rules/laws can be complicated, confusing and expose clients to risk.

We are knowledgeable in the local, state and federal rules/laws associated with D/M/WBE compliance and can provide assistance to entities seeking certification and those looking to properly and effectively use certified firms and meet contract goals. We help businesses with:

  • Certification of M/W/DBE firms
  • Utilization of certified firms
  • Goals and credit toward meeting goals
  • Implementation of a compliance program
  • Drafting of manuals that demonstrate good faith efforts and proper practices

OSHA/Safety

The Occupational Safety and Health Administration (OSHA) regulates and enforces the safety of worksites. The regulations are in place to protect workers from injuries and illnesses, but are often difficult to understand and cumbersome to follow. OSHA investigations and violations can impact a project or even a company’s ability to operate.

Our attorneys help contractors and subcontractors establish effective safety programs to protect the safety and health of their workers and comply with applicable rules and regulations. We draft manuals that clearly address the company’s policies and processes and demonstrate its focus on safety. We regularly represent project owners, contractors and subcontractors that are the target of OSHA investigations.

Compliance with Wages, LEED and Buy American

KDV’s construction attorneys assist with all types of compliance matters that arise in the industry, including:

    • Wages. Workers’ wages and hours are governed by numerous local, state and federal laws. Our attorneys advise construction employers about prevailing wages, labor classifications and union wages and benefits.
    • LEED certification. Leadership in Energy and Environmental Design (LEED) is an independent verification organization that certifies buildings that reduce greenhouse gases and use less energy and water. We advise companies on the classification requirements and contract administration and coordination issues involved in the LEED certification process.
    • Buy American. The Buy American Act places restrictions on a contractor’s purchase of foreign-made supplies in fulfillment of a government contract. Our lawyers help companies remain in compliance with the regulations and obtain waivers when appropriate.

Compliance with DMWBE, OSHA and Other Regulatory Provisions

For guidance on remaining in compliance with construction regulations, schedule a consultation with our experienced construction law attorneys. Our law firm maintains offices in New Jersey and New York City.

ATTORNEY NAMEPOSITIONOFFICE
Attorney Woodbury, New York
Partner Fort Lauderdale, Florida
Partner Woodbury, New York
Co-Managing Partner, New Jersey Office
Co-Chair, Data Privacy & Technology Services Practice Group
Hackensack, New Jersey , New York, New York
Partner Woodbury, New York
Co-Managing Partner - Long Island Office
Chairperson of Construction Practice Group
Woodbury, New York
Attorney Woodbury, New York
Super Lawyers Martindale Hubbel AV Preeminent Law 360