Let a Construction Lawyer Assist with Your 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. The best way to understand what’s at stake is to communicate with a construction lawyer.
Each construction lawyer at KDV is well versed in the rules/laws that apply to construction and government contracting and remains aware of the ever changing landscape with respect to such rules/laws and the measures needed to comply. Each construction attorney 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 a construction lawyer 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
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
A construction lawyer from KDV can 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.
Consult with a Construction Lawyer for Compliance with DMWBE, OSHA and Other Regulatory Provisions
For guidance on remaining in compliance with construction regulations, schedule a consultation with an experienced construction lawyer. Our law firm maintains offices in New Jersey and New York City.
Co-Chair of Construction Practice Group
|Co-Managing Partner of Long Island Office Co-Chair of Construction Practice Group||Woodbury, NY|
Chair of the General Liability Defense Practice Group
Co-Chair of KDV’s Women’s Initiative
- Are Pay-If-Paid Clauses Really Void In New York? By Michael D. Ganz, Esq., The Light, 2-2023 - Feb 27, 2023
- Andrew Richards. Esq., “Why should I retain an attorney who concentrates in construction law? NY Real Estate Journal, 12-13-2022 - Dec 16, 2022
- Elizabeth Marchionni, Esq., named to 2022 Top Women in Professional Services, New York Real Estate Journal, 10-2022 - Oct 26, 2022
- Maintaining Project Records Could Be The Deciding Factor For Successful Litigation, author Andrew Richards, Esq., New York Real Estate Journal - Sep 21, 2022
- Contractual Limitations Periods, STA Legal Log, by Andrew Richards, Esq., 2-2022 - Feb 16, 2022
- Report: New York City’s MTA Must Improve Construction Project Record Keeping, Construction Dive, featuring Erik Ortmann, Esq., 1-12-22 - Jan 27, 2022
- Preserving Claims Under Section 137(3) of the State Finance Law, author Andrew Richards, Esq., STA Legal Log, January 2022 - Jan 14, 2022
- Richards of KDV Named General Counsel for STA board, New York Real Estate Journal Daily Newsletter, October 5, 2021 - Oct 18, 2021
- Questionable Design, Construction Practices likely Contributed to Surfside Condo Collapse, Construction Dive, quoted Megan Yllanes, Oct. 1, 2021 - Oct 1, 2021
- Pros and Cons of an Architect as Initial Decision Maker in AIA Contracts, Sept. 9, 2021, NY Real Estate Journal, by Andrew Richards - Sep 27, 2021
- Contractors can still be liable for failures years after project completion, Construction Dive, ft. Megan Yllanes - Jul 28, 2021
- Juggling a Workers’ Compensation Claim with the Interactive Process - Jun 5, 2018