Newsletters

Patents and the Construction Industry

A patent grants its owner the right to make, use, and sell the patented invention to the exclusion of others. In the construction industry, both utility patents and design patents can mean substantial profits to the builders or contractors who hold them.

Fair Labor Standards Act and Construction Employees

Pursuant to Congress' power to regulate commerce, the Fair Labor Standards Act (FLSA) was enacted to ensure that employees engaged in interstate commerce or in the production of goods for interstate commerce were provided with labor conditions conducive to their health, efficiency, and general well-being. The FLSA establishes a minimum wage rate, provides for maximum hours and overtime pay, mandates record-keeping, and regulates child labor.

Historic Preservation - Federal Enactments

The American Antiquities Act of 1906 was the first major step in a mission to preserve America's cultural heritage. In the Historic Sites Act of 1935, Congress declared it a national policy to preserve the historic sites, buildings, and objects that hold special significance to the American people.

TERMINATION OF FEDERAL CONSTRUCTION CONTRACTS BASED ON DEFAULT

Construction contracts with the federal government must generally be completed by the scheduled completion date because the government has an interest in its occupancy or use of a project. The government normally secures the completion of the project by the scheduled completion date through performance bonds, penalties for delay, or escrow accounts.

Commercial Use Issues

Developers involved in the construction of commercial centers face several challenges. Chief among these challenges is obtaining permission to build. Some communities have sought to balance commercial growth with community integrity by addressing commercial developments prior to even being approached for development approval.