Construction

Employers in the construction industry face unique challenges.  From health and safety issues to union salting to evolving joint employer issues between prime contractors and subcontractors, our team of construction industry attorneys has the knowledge to navigate these issues. 

What Sets Us Apart

Constangy, Brooks, Smith & Prophete has been representing employers in the construction industry for decades.  We have a dedicated group of attorneys who are familiar with the unique issues facing this industry, who partner across the Firm’s offices around the country to ensure the right experience is brought to bear. Our attorneys collaborate as a team in OSHA, wage and hour, and union issues, as necessary, to ensure clients receive timely support in a cost-effective manner.  We realize there is no one-size-fits-all answer, and our attorneys partner with our clients to design and build the best legal strategy whatever the goal, whether to vigorously defend a lawsuit, respond to a government agency investigation, or audit internal policies and practices to halt problems before they arise.

What We Do

Our attorneys work with owners, contractors, and subcontractors throughout the United States, on a national scale or on a local scale.  We understand our clients are facing challenges to complete projects on time and under budget.  We share the same goals; to use our knowledge to resolve issues as quickly and as cost-efficiently as possible. 

The following are some of the current issues facing employers in the construction industry, and areas in which our legal services can help you:

• OSHA’s revised Occupational Exposure to Respirable Crystalline Silica rule took effect September 23, 2017, reducing the permissible exposure limit for crystalline silica over an eight-hour shift to 50 micrograms per cubic meter of air, one-fifth of the previous maximum.
• Unions continue to target construction employers seeking to organize employees, aided by the NLRB’s stance on micro-units, allowing small segments of a company to be organized. In addition, unions continue to send “salts” into the workplace in an effort to organize from within, leading to unfair labor practices if these individuals are not hired or are subsequently discharged.
• While prevailing wage remains a requirement on federal projects under Davis-Bacon, some state governments are doing away with prevailing wage laws, requiring employers to stay on top of state and local public works requirements.
• Contractors are facing litigation involving whether contractors and subcontractors are joint employers such that a contractor should be liable for any wage and hour violations of its subcontractors, including failures to pay minimum wage or required overtime.
• Compliance with the Americans with Disabilities Act while navigating safety-sensitive job duties and dangerous job sites.
• Developing affirmative action plans, complying with affirmative action requirements, and defending affirmative action plans when challenged.

With all of the regulations and legal challenges facing the construction industry, a partnership with attorneys experienced in these areas is more critical than ever.

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