Supplemental Conditions

Monthly Archives: August 2017

U.S. v. Davis Casts Doubt on the Future of (Some) DBE Fraud Cases

Posted in Construction Law

Disadvantaged business enterprise (DBE) fraud in the construction industry is a topic frequently covered on this blog.  My posts on DBE fraud are some of my most read posts and the ones that generate the most questions from readers and inquiries.  Many of the posts cover the increased pace of criminal prosecutions involving DBE fraud…. Continue Reading

Is the City of Philadelphia’s DBE Program Unconstitional?

Posted in Construction Law

Probably.  Based on the City’s 2016 Disparity Study the City DBE program is no longer being used to remedy past discrimination but to further a political agenda designed to direct maximum public funds to female and minority owned businesses.  In doing so, the City’s current program runs afoul of the Supreme Court’s seminal decision in City of… Continue Reading

Can a Non-Union Company Be Compelled to Arbitrate?

Posted in Construction Labor Law, Unions

Some of the most viewed topics on this blog are those concerning double breasted company.  That is a two separate firms, commonly owned, one that is a signatory to a union and the other that is merit shop. An issue frequently encountered with double breasted construction companies is an union arbitrator’s jurisdiction over the non-signatory… Continue Reading