BURNS FLAT OKLAHOMA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Project Labor Agreements: A New Bid Protest Forum Split

May 14, 2026 — Dirk D. Haire, David P.J. Timm and Michael J. Brewer - ConsensusDocs
Advertisements often include a disclaimer: “individual results may vary.” Similarly, lawyers are notorious for saying “it depends.” The mandatory Project Labor Agreement (“PLA”) regulations have recently placed into context this adage as it applies to federal contract bid protests, with very different results depending on which forum – the Court of Federal Claims (“COFC”) versus the Government Accountability Office (“GAO”) – different contractors have selected to bring PLA bid protests. Over the last two years, over 30 protesters have successfully achieved removal of mandatory PLAs from large-scale federal construction contracts based on two landmark bid protest decisions issued by the COFC. Similar challenges to PLAs at the GAO, however, have not been successful in removing PLAs, highlighting an emerging trend that the COFC is often a more effective relief forum than GAO for government construction contractors. Reprinted courtesy of Dirk D. Haire, Burr & Forman LLP, David P.J. Timm, Burr & Forman LLP and Michael J. Brewer, Burr & Forman LLP Mr. Haire may be contacted at dhaire@burr.com Mr. Timm may be contacted at dtimm@burr.com Mr. Brewer may be contacted at mbrewer@burr.com Read the full story...

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New Executive Order on AI Innovation and Security: Key Takeaways for the Construction Industry

June 15, 2026 — Richard R. Volack & Denis Serkin - Peckar & Abramson, PC
On June 2, 2026, President Trump signed an Executive Order titled “Promoting Advanced Artificial Intelligence Innovation and Security.” At its core, the Order is a cybersecurity and national-security measure rather than a broad regulation of how private companies develop or use AI. It directs federal agencies to harden government systems against AI-enabled cyber threats, establishes voluntary frameworks for collaboration between the federal government and the AI and critical-infrastructure sectors, and strengthens criminal enforcement against the malicious use of AI. Notably, the Order expressly disclaims any intent to create a “mandatory governmental licensing, preclearance, or permitting” regime for the “development, publication, release, or distribution of new AI models.” Instead, the Executive Order seeks to “promote AI innovation and security” by working with the private sector to modernize government and private-sector information systems and harden them against external threats, protect intellectual property from exploitation or theft, and cultivate American AI capabilities. Reprinted courtesy of Richard R. Volack, Peckar & Abramson, PC and Denis Serkin, Peckar & Abramson, PC Mr. Volack may be contacted at rvolack@pecklaw.com Mr. Serkin may be contacted at dserkin@pecklaw.com Read the full story...

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Citadel’s Miami HQ Construction on Hold After Accident, Report Says

October 12, 2026 — Giulia Morpurgo – Bloomberg
Construction work on Citadel’s new headquarters in Miami has been paused following an accident on the site last week, the Wall Street Journal reported. The collapse of a rig on Monday prompted county authorities to issue a stop-work order pending an investigation, according to the newspaper, which cited a local building official. It’s unclear how long the stoppage will last or what caused the accident, the WSJ wrote on Sunday, adding that such probes can take up to six months. Read the full story...
Reprinted courtesy of Giulia Morpurgo, Bloomberg

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Denis Serkin and Michael S. Zicherman Co-Edit/Author Lexology Panoramic: Construction 2027

August 03, 2026 — Denis Serkin & Michael S. Zicherman - Peckar & Abramson, P.C.
P&A partners Denis Serkin and Michael S. Zicherman served as co-editors and authors of Lexology’s Panoramic: Construction 2027 – US and Global guide. Formerly Getting the Deal Through, Lexology Panoramic provides members of the construction industry and construction-related legal and business providers with side-by-side comparison of key industry issues in 19 jurisdictions worldwide. Reprinted courtesy of Denis Serkin, Peckar & Abramson, P.C. and Michael S. Zicherman, Peckar & Abramson, P.C. Mr. Serkin may be contacted at dserkin@pecklaw.com Mr. Zicherman may be contacted at mzicherman@pecklaw.com Read the full story...

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New York Construction: New Rules for Reporting and Cancellation Pay

October 12, 2026 — Meghan Douris & Howard Wexler - The Construction Seyt
Effective December 8, 2026, covered New York construction employers generally must provide up to four hours of reporting pay when an employee reports for a scheduled shift but receives no work, and two hours of pay when a scheduled shift is canceled with less than 12 hours’ notice. Separate requirements apply to certain prevailing-wage construction projects. Before the law takes effect, contractors should identify which projects and employees are covered and make sure their scheduling, payroll, labor, and contract practices are ready. What the New Law Requires New York’s Construction Reporting Pay Act introduces two principal compensation requirements for covered construction employees:

• Reporting pay: An employee who reports for a scheduled shift but is not provided work generally must receive up to four hours of pay.
• Shift-cancellation pay: An employee generally must receive two hours of pay when a scheduled shift is canceled with less than 12 hours’ notice.

Reprinted courtesy of Meghan Douris, Seyfarth and Howard Wexler, Seyfarth Ms. Douris may be contacted at mdouris@seyfarth.com Mr. Wexler may be contacted at hwexler@seyfarth.com Read the full story...

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New York Construction Employers Face New Reporting and Cancellation Pay Requirements Beginning December 8, 2026

October 26, 2026 — Bradley J. Bartolomeo & Clare M. Cunningham - Lewis Brisbois
Effective December 8, 2026, pursuant to the New York Construction Reporting Pay Act, employers in the New York State construction industry will be subjected to new reporting requirements and will be required to pay both union and non-union workers for certain last-minute schedule changes, even when the disruption is caused by weather, failed inspections, material shortages, site-access restrictions, or delays attributable to owners, general contractors, or other trades. For many contractors, routine decisions that have historically been considered part of construction scheduling risk may now create mandatory wage obligations, prevailing wage compliance concerns, and potential wage-and-hour litigation exposure. Reprinted courtesy of Bradley J. Bartolomeo, Lewis Brisbois and Clare M. Cunningham, Lewis Brisbois Mr. Bartolomeo may be contacted at Bradley.Bartolomeo@lewisbrisbois.com Ms. Cunningham may be contacted at Clare.Cunningham@lewisbrisbois.com Read the full story...

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Key Person Provisions in Construction Contracts: Because People, Not Companies, Build Projects

October 27, 2026 — Nate Simon - Construction Executive
In construction, the person running your job matters: the project manager who sat in your preconstruction meetings, who understands the phasing, who knows why the MEP coordination sequence was set up the way it was, who has relationships with your team and the owner’s team. That person is not interchangeable. And if they disappear six weeks into the job and get replaced by someone who’s never read the drawings, you have a problem. This happens all the time. A contractor or consultant sells the A-team—the experienced project manager; the sharp superintendent; the people who won the job—during the proposal and interview. Then, once the contract is signed, those people quietly get moved to a larger project, not out of anything nefarious, but usually out of a necessity. A fire happens on another project and they are needed to put it out. By the time you realize those working on your project aren’t the ones you originally signed on, you’re three months in and the damage is already underway. Reprinted courtesy of Nate Simon, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...
Mr. Simon may be contacted at nate@simonlawky.com

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EPA, Maryland Sue DC Water Over Massive Potomac River Sewage Spill

May 14, 2026 — Jim Parsons - Engineering News-Record
The state of Maryland and the federal government have filed separate lawsuits against the District of Columbia Water and Sewer Authority (DC Water), both alleging that the agency’s failure to address longstanding deterioration in the Potomac Interceptor contributed to a weeklong release of more than 240 million gallons of raw sewage into the Potomac River this past January. Read the full story...
Reprinted courtesy of Jim Parsons, Engineering News-Record
ENR may be contacted at enr@enr.com

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