Matthew K. Grashoff

Beware Project Impacts Due to Rising Material Costs and Long Lead Times

Steeply rising material prices and unexpected shortages for certain material deliveries are wreaking havoc on the construction industry.

Beware Potential Hidden “Warranties” in Contract Documents (Properties Magazine)

Warranties provided to project owners are often some of the most-negotiated provisions in a construction contract.

Executive Order 14173: What it Means for Federal Contractors and Subcontractors

Recent actions by the federal government have called into question the use of measures intended to foster diversity, equity, and inclusion (“DEI”) on federal construction projects or projects receiving federal funding.

Executive Order 14173 Injunction and Updates

On January 21, 2025, President Trump signed Executive Order 14173 titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”).

Fourth Circuit Court of Appeals Allows for Enforcement of DEI-Related Executive Orders Pending Appeal

On March 14, 2025, The U.S. Court of Appeals for the Fourth Circuit granted the government’s request to stay a nationwide preliminary injunction.

U.S. District Court Judge Temporarily Blocks Department of Labor from Enforcing Certain Provisions of DEI-Related Executive Orders

On March 27, 2025, Judge Matthew Kennelly of the U.S. District Court for the Northern District of Illinois issued a temporary restraining order blocking the Department of Labor from enforcing certain provisions of Executive Orders 14173 and 14151

U.S. District Court Judge Grants Preliminary Injunction Blocking Department of Labor from Enforcing Certain Provisions of DEI-Related Executive Orders

On April 2, we reported that Judge Matthew Kennelly of the U.S. District Court for the Northern District of Illinois had issued a temporary restraining order blocking the Department of Labor from enforcing certain provisions of Executive Orders 14173 and 14151.

Department of Justice Rescinds Prior Report About Race and Sex in Federal Contracting

On April 23, 2025, the United States Department of Justice announced that it is rescinding the January 31, 2022 Notice of Report on Lawful Uses of Race or Sex in Federal Contracting Programs (the “2022 Report”).

Update: Making Sense of the Evolving DEI Landscape and its Effects on Federal Contractors and Grantees

We recently wrote about the preliminary injunction entered by the U.S. District Court for the Northern District of Illinois, blocking the Department of Labor from enforcing certain provisions of Executive Orders 14173 and 14151, both of which limit or prohibit federal grants or programs relating to “illegal,” “unlawful,” and “immoral” diversity, equity, and inclusion (“DEI”).

DOJ Civil Rights Fraud Initiative Set to Investigate Federal Government Contractors and Grantees

The U.S. Department of Justice (DOJ) launched the Civil Rights Fraud Initiative (the “Initiative”), which was announced on May 19, 2025 via Memorandum from Deputy Attorney General, Todd Blanche, and a related press release (the “Memorandum”).

Grants Limited Preliminary Injunction of DEI-Related Executive Orders

On June 9, 2025, the U.S. District Court for the Northern District of California issued a preliminary injunction in San Francisco A.I.D.S. Foundation, et. al. v. Trump, 25-cv-01824-JST (N.D. Cal.), enjoining three of the nine provisions of Executive Orders 14151, 14173, and 14168.

Department of Justice Issues Guidance on Unlawful Conduct in Executive Order 14173

The Department of Justice recently released a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination.”

Department of Transportation Issues New Rule Ushering in Major Changes for DBE Certification

On October 3, 2025, the United States Department of Transportation (“DOT”) issued an interim final rule (“IFR”) that fundamentally modifies its Disadvantaged Business Enterprise (“DBE”) program based on its determination that race and sex based rebuttable presumptions in federal contracting are “unconstitutional.”

Executive Order 14398 Further Expands DEI-Related Compliance Obligations for Federal Contractors

On March 26, 2026, the President issued Executive Order 14398, “Addressing DEI Discrimination by Federal Contractors” (the “Order” or “EO 14398”).

IBM Agrees to First Settlement of False Claims Act Allegations under DOJ Civil Rights Fraud Initiative

On April 10, 2026, the United States Department of Justice (“DOJ”) announced the first False Claims Act resolution secured under the Civil Rights Fraud Initiative with International Business Machines Corporation (“IBM”).

Beware What Your Contract Says: It Just Might Be Enforced

A recent decision from Ohio’s Tenth District Court of Appeals illustrates contract provision risks