Your resource for the use of treated timber piles
P.O. Box 1784, Starkville, MS 39760
Phone: 1-833-745-4647
E-mail: kevin@spta.org
www.timberpilingcouncil.com
Strong ▪ Affordable ▪ Sustainable
LEGAL
If ICE appears for a raid, immediately
contact counsel and ask them to come to
the site. ICE will not wait for your lawyer
to arrive if they have a search warrant, so
it will be necessary to examine the warrant
yourself. If you observe agents exceeding
the warrant authority, ask to speak to the
agent in charge and raise the issue. If you do
not stand up for your rights, you may lose
the opportunity.
Construction contracts
and immigration issues
General contractors should always be
aware of applicable provisions in their
prime contracts with owners relating to
liability associated with delays caused to a
project for any reason. General contractors
should also be vigilant to protect against
liability associated with delays resulting
from disruptions caused by a lack of
labor due to immigration issues caused
by subcontractors and their workforce.
General contractors may attempt to draft
accordingly within their prime contracts
to remove liability in the event of immigration
issues being the sole cause of a labor
impact and related delay. Additionally,
general contractors should contractually
require subcontractors to accept as much
of the responsibility as possible for labor
immigration issues.
In reviewing contract terms, subcontractors
should make every effort to
ensure immigration related delays are not
a specifically enumerated breach or event
of default. Subcontractors should negotiate
to have the ability to cure the impact
of a diminished work force by quickly
providing new labor, thus avoiding the
possibility of termination or liquidated
damages. Since subcontractors typically
contract with or employ the direct labor
on a construction project, to the fullest
extent possible they should contractually
place the burden of providing accurate
information of laborer citizenship status
upon the actual laborers or employment
agencies involved. t
Tiffany Harrod is an attorney at Munsch
Hardt Kopf & Harr P.C. in Houston, Texas,
and the chair-elect of the Construction Law
Section of the Houston Bar Association.
References
1. From 1993 through 2012, the SSA sent out no-match letters to employers (and third-party payroll companies) who submitted Form W-2s
containing name and Social Security Number (SSN) combinations that did not match the agency’s records. The practice was stopped in
2012 due to various complaints and lawsuits from labor unions, immigrant advocates, and the business community.
2. https://www.ssa.gov/employer/notices.html; https://faq.ssa.gov/en-us/Topic/article/KA-10008
3. https://www.ice.gov/overview
4. https://www.nahbclassic.org/generic.aspx?sectionID=734&genericContentID=260375; https://www.bls.gov/news.release/forbrn.nr0.htm/
Labor-Force-Characteristics-of-Foreign-Born-Workers-Summary
5. https://www.ice.gov/factsheets/i9-inspection
HEAVY MARINE & WATERFRONT CONSTRUCTION
30 Church Street
P.O. Box 0811
Liberty Corner, NJ 07938-0811
office: 908.580.0200
fax: 908.580.0880
www.trevcon.com
PARKER MARINE
CONTRACTING, INC.
John Skinner
Vice President
Email: johnskinner@parkermarine.net
68 Braswell Street
Charleston, S.C. 29405
Office (843) 853-7615
Cell (843) 697-1660
122 | EDITION 4 2019 www.piledrivers.org
/notices.html
/www.timberpilingcouncil.com
/notices.html
/KA-10008
/overview
/generic.aspx?sectionID=734&genericContentID=260375
/
/i9-inspection
/www.trevcon.com
/www.piledrivers.org
link
link
/www.tweinc.com
