- videocam Live Online with Live Q&A
- calendar_month January 20, 2026 @ 1:00 p.m. ET./10:00 a.m. PT
- signal_cellular_alt Intermediate
- card_travel Real Property - Transactions
- schedule 90 minutes
Build America, Buy America, and Construction Contractors: Best Practices for Compliance, Contract Considerations
Sourcing Compliant Materials, Requesting Waivers, Ensuring Subcontractor Compliance
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Description
The BABA domestic sourcing requirements significantly impact construction contractors working on federal infrastructure projects. BABA requires contractors to use American-made iron, steel, manufactured products, and construction materials when building infrastructure funded by the federal government. This requirement applies to the entire project, even if it is funded by both federal and non-federal funds and even if the infrastructure project is not the primary purpose of a financial assistance award.
Since BABA has been in effect, various federal agencies have issued waivers, and some have either rescinded or have scheduled rescission dates for their waivers. Therefore, contractors and their counsel should understand whether waivers are available, for how long, and how to apply when they may be unable to comply with BABA requirements.
Listen as our expert panel guides counsel through BABA requirements impacting construction including how to determine if project materials comply, how to ensure compliance from subcontractors as well as drafting considerations for project agreements, and whether and how to seek waivers. The panel will also address best practices for compliance.
Presented By
Ms. Lent advises companies in the automotive & advanced mobility sector on compliance with National Highway Traffic Safety Administration laws and regulations and represents clients in Department of Transportation (DOT) investigations and enforcement actions, including regarding safety defects and vehicle recalls. She also advises clients seeking federal financial assistance from DOT, the Department of Energy, and other federal agencies, including regarding legal requirements for grants, loans and cooperative agreements, grant administration, and regulatory compliance and represents clients in investigations and enforcement actions.
Mr. Ramish’s practice encompasses government contracts, construction, and white collar matters. He works with a multitude of issues unique to doing business with the federal government, including subspecialties such as cost and pricing, data rights, and small business and socioeconomic programs. Mr. Ramish has a particular focus on contract claims and disputes with the federal government, and disputes between prime contractors and subcontractors. He has extensive experience with federal government construction disputes, including constructive changes, differing site conditions, Spearin design liability, and Eichleay unabsorbed overhead claims. Mr. Ramish is a Co-Chair of the ABA Public Contract Law Section’s Subcontracting, Teaming and Strategic Alliances Committee.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Tuesday, January 20, 2026
- schedule
1:00 p.m. ET./10:00 a.m. PT
Outline
I. Overview of BABA
A. Important definitions
B. Covered materials/products
C. Qualifying as American-made
II. Impact on construction contractors and federal financial recipients
A. Sourcing compliant materials/products
B. Supply chain issues
C. Ensuring compliance from subcontractors
D. Drafting considerations for project agreements
E. Recordkeeping requirements
F. Penalties for noncompliance
III. Waiver process
A. Current status of federal agency waivers
B. When and how to request a waiver
IV. Best practices for compliance
Benefits
The panel will review these and other important issues:
- What constitutes "construction materials" as well as other covered materials made in the U.S.?
- How may contractors mitigate risk related to subcontractor noncompliance?
- What drafting considerations should counsel keep in mind for project agreements that may help ensure compliance?
- What are the penalties for noncompliance?
- What is the status of federal agency waivers?
- When and how may counsel and their clients seek a waiver?
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