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Industry Newsletters:
Public
Works and Government Contracting
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New California Laws Expand Design-Build Contracting, Tighten Environmental Rules, Limit Indemnity in Homebuilding, Add Notary Requirements
March 24, 2008
Government Cannot Eliminate Performance Options Set Out in Project Specs, Federal Circuit Holds
March 10, 2008
U.S. Court Rejects Constitutional Claims by Contractor Denied Public Works Contract
March 3, 2008
Owner’s Progress Inspections Do Not Preclude Rejection of Inspected Work That Fails to Meet Contract Specifications
December 17, 2007
N.Y.’s Prevailing Wage Law Amended to Expand Its Scope and the Obligations It Imposes
November 5, 2007
Contractors Lose Antitrust, RICO, Constitutional Claims in Bidding Disputes, but False Claims Case Allowed to Proceed
October 8, 2007
County Board’s Closed Session with Architect Held to Violate Virginia’s Open Meeting Law
September 10, 2007
Sub Listed in Contractor’s Bid but Substituted Out Not Entitled to Judicial Review, Connecticut Supreme Court Rules
August 6, 2007
Bid Protester Allowed to Recover Higher Attorney Fees Based on Consumer Price Index
May 28, 2007
New York City Contract Claims: Complying with Dispute Resolution Procedures Requires Care
May 7, 2007
Constructive Acceleration Claim Denied – Time Extensions Were Prompt Enough; No Undue Owner Pressure
March 12, 2007
New California Laws Authorize More Design-Build, Tighten Licensing Requirements, Extend Solar Incentives, Expand Tire Recycling
March 5, 2007
Freedom of Information Act Request Does Not Bar False Claims Act Suit, 9th Circuit Holds
December 4, 2006
Public Entities May Not Waive Defects in Bids, Louisiana Supreme Court Rules
November 27, 2006
Specifications Do Not Limit Size of Recovery but Do Bar Some Bases for Claims, Oklahoma Supreme Court Rules
November 20, 2006
Contractor Recovers on Extra Work Claim After Owner's Plans Found to Be Ambiguous
October 30, 2006
New York City Sets Contracting Goals for Minority, Women-Owned Businesses
October 16, 2006
Unabsorbed Home Office Overhead – Making a Prima Facie Case for Entitlement to Recovery Under Eichleay
August 28, 2006
Failure to Click ‘Submit’ Button Dooms Online Low Bid
August 7, 2006
Cost Increases for Construction Materials – An Overview of the Legal Issues
July 31, 2006
Federal Agency Allowed to Use Online Reverse Auction for Procurement
July 24, 2006
Appeals Court Abrogates McMullan Presumption – Schedule Extension No Longer Raises Presumption of Government-Caused Delay
June 26, 2006
Only Prime Contractor, Not Subcontractor, Has Authority to Withdraw Mistaken Bid in California
May 22, 2006
New California Laws Allow More Design-Build; Encourage Recycling; Tighten Licensing, Home Improvement Laws
April 17, 2006
Court of Federal Claims Has Jurisdiction to Hear Protest of SBA Size Standard Determination
April 10, 2006
Contractor Recovers for Constructive Acceleration After Receiving Insufficient Time Extensions
March 6, 2006
Montana School District Faces Liability to Workers for Failing to Require Contractors to Comply with Prevailing Wage Laws
December 5, 2005
Federal Contractor Cleared of False Claims Act Charges Based on Allegations of Intentional Underbid
November 7, 2005
Contractor Denied Lost Future Profits Despite Wrongful Termination by Project Owner
September 12, 2005
Time for Appeal Runs from Actual Receipt of U.S. Contracting Officer's Final Decision Rejecting Claim
August 8, 2005
Conspiracy Conviction in International Bid-Rigging Scheme Upheld
July 11, 2005
6% Limitation on Design Services Upheld, and Failure to Estimate Construction Costs Results in U.S. Contract Being Found Void
May 30, 2005
Contract's Notice Requirements Strictly Enforced, Recovery Denied by Washington Supreme Court
May 2, 2005
Government Contracting Risks: New Potholes on the Road to Profitability
April 25, 2005
No-Damage-for-Delay Clause in Public Contract Held Unenforceable Under Virginia Statute
April 11, 2005
The Government's Administrative Hammer: Suspension and Debarment from Federal, State and Local Contracting Programs
March 28, 2005
Colorado Contractors' Tort Claims Against Engineer, Inspector Barred by Economic Loss Rule on Basis of Indirect Contracts
January 31, 2005
Government Contractors Have Patent Rights to Their Inventions – But Only If Proper Notices Are Given; Campbell Plastics Decision Upheld
January 24, 2005
New York Provides Some Relief for Steel Price Increases
January 17, 2005
General Disclaimer on Design Drawing Does Not Shift Risk for Design Defect to Contractor
November 29, 2004
Owner's Accord and Satisfaction Defense Fails When Change Order Proposal Assumed Constant Work Conditions and Conditions Varied
November 22, 2004
Court Will Not Enforce Mistaken Bid that Was Fraudulently Accepted by School District
November 8, 2004
Texas Supreme Court Holds that Prime Contractor May Pursue Owner on Pass-Through Claim
October 11, 2004
N.Y. Governor Signs Lien Law Amendment Protecting Contractors and Subcontractors on Public Projects
September 20, 2004
Design-Build Contracts as an Alternative Method for Public Construction by California Cities
August 30, 2004
Subcontractor May Use Total Cost Method in Miller Act Case
August 23, 2004
Colorado Owner's Claim Against Contractor Defeated by Inability to Allocate Damages and by Economic Loss Rule
August 2, 2004
California Public Works Contractors Get Some Protection for Work Performed After Bid Disputes
June 21, 2004
Anti-Deficiency Act Does Not Bar Enforcement of Open-Ended Indemnification Clause Against U.S.
June 7, 2004
What It Is Like to Be a U.S. Government Contractor – An Overview of Federal Contracting Laws and Procedures
May 31, 2004
Surety on Public Works Payment Bond Must Pay Attorney Fees Incurred by Prevailing Claimant Even Though Bond Principal Was Not Liable for Them
May 3, 2004
Underground Contractor Permanently Debarred by City of San Diego
March 15, 2004
NEW YORK REPORT: CM, General Contractor Distinguished; Owner Faces Suit by Trade Contractor
March 8, 2004
Contractor Could Not Recover for Excessive Obstructions at Port of New Orleans When Contract Created a Duty to Investigate
February 23, 2004
New California Legislation Changes Lien, Defect, Licensing, Public Contracting Laws
February 9, 2004
Local Government Agencies May Be Sued Under the False Claims Act
January 12, 2004
Requirements for Eichleay Claims Clarified in 2 Court of Appeals Decisions
December 15, 2003
Timeliness Crucial When e-Bidding for Federal Contracts, Recent Bid Protests Show
October 27, 2003
New York Requires New Disclosures from Non-Competitive Bidders
September 22, 2003
Due Process on Public Works Projects: The Rights of Contractors When They Are Found Ineligible to Perform the Work
September 8, 2003
Reconstruction of Iraq: Contractor Beware, Some Sanctions and Restrictions Remain
August 4, 2003
The Impact of Homeland Security on the Construction Industry
June 23, 2003
Binding Contract Created When Iowa County Accepted Bid and Sent Letter Informing Contractor of the Award
June 16, 2003
Contractor's Letter Demanding a Change Order Repudiates Contract, Barring Claim for Breach
May 5, 2003
Reconstruction of Iraq: Overview of Contracting Process and Resource Guide
April 21, 2003
New California Legislation and Regulations Affecting the Construction Industry
February 3, 2003
New Jersey Contractor Avoids Loss from Unbalanced Bid
October 14, 2002
Federal Contractor's Invoice for 99.99% of Contract Balance Is Not a Request for Final Payment; Release of Claims Not Required for Payment
September 16, 2002
Claim Cannot Be False When the Government Knows the Facts and Approves
August 5, 2002
Contractor Failed to Show that City's False Claims Cross-Complaint Infringed on Rights of Petition or Speech
May 27, 2002
Utah Contractor Must Bring Claim Against Florida County in Florida
May 27, 2002
‘Best Value’ Procurement: How Federal and State Governments Are Changing the Bidding Process
April 29, 2002
Void Contract Rule Does Not Require Refund of Change Order Paid to South Dakota Public Works Contractor
April 22, 2002
Newspaper Gets Access to Contractor's Cost Records for Public Works Project Under Ohio Public Records Act
March 25, 2002
COMMENT: Amelco and What It Means to Total Cost and Abandonment Claims
March 11, 2002
Adarand's Third Trip to the Supreme Court Does Not Generate a Decision on the Merits
March 11, 2002
Public Works Contractor Cannot Claim Abandonment of Contract and Failed to Prove Entitlement to Total Cost, California Supreme Court Rules
February 18, 2002
New Payment Security, Licensing Laws for California Owners, Contractors, Architects, Engineers
January 7, 2002
N.Y. Subcontractor Denied Right to Assert Lien Claim Against Public Improvement Leased to Private Entity
November 19, 2001
Reflections on Changed Conditions – A Global View
November 5, 2001
False Claims Act Applies to Misrepresentations in Catalog Issued by Pipe Manufacturer
June 25, 2001
Use of Mechanical Contractors' Factors to Prove Productivity Claim Approved
June 18, 2001
Subcontractor May Pursue Claim for Breach of the Implied Covenant of Good Faith and Fair Dealing in Contract but May Not Pursue a Cardinal Change Theory
June 11, 2001
Indian Tribe Waived Sovereign Immunity by Agreeing to Arbitration in AIA Contract
June 11, 2001
Model Pre-Qualification Forms Issued for California Public Works Projects
June 4, 2001
Texas Supreme Court Holds that Contractors May Not Sue the State for Breach of Contract Absent the Legislature's Consent
May 21, 2001
State Agency Does Not Violate Due Process by Withholding Prevailing Wages and Penalties Without a Hearing
May 21, 2001
NEW YORK REPORT: ‘Automatic Additional Insured Endorsement’ Provides Automatic Coverage
May 14, 2001
Termination for Default Justified If Contractor Does Not Respond to a Well-Founded Notice to Cure
April 9, 2001
Successful Productivity Claim Supported with Mechanical Contractors' Factors
February 12, 2001
Default Termination Converted to One for Convenience Based on U.S. Government Bad Faith
January 22, 2001
California Supreme Court Strikes Down MBE/WBE Programs as Discriminatory
January 15, 2001
New California Laws Affecting Contractors, Architects, Engineers – Summarized
January 8, 2001
N.Y. Mechanic's Lien Law Bars Recovery for Work for Private Developer When Public Benefit Corporation Owns Underlying Land
January 8, 2001
Oregon Court of Appeal Rejects Attack on Award of Light Rail Project Without Competitive Bidding
December 11, 2000
Federal Government May Sue States for Indemnity Without Violating Their 11th Amendment Immunity
December 4, 2000
Federal Court Finds Current DBE Programs Do Not Deny Equal Protection
November 20, 2000
Contractor May Not Be Debarred Without a Due Process Hearing
November 13, 2000
THE GROVE REPORT: Key Terms of 12 Leading Construction Contracts Are Compared and Evaluated for Hong Kong Study
November 6, 2000
Trucking Company That Delivered Fill to Job Site Is Entitled to Enforce Stop Notice
November 6, 2000
Two Large Companies Settle Federal Contract Compliance Complaints
October 23, 2000
NEW YORK REPORT: Public Owners Prevail on Claim of Delayed Termination
October 16, 2000
October Deadline Set for Federal Agencies to Develop Implementation Plans for ‘Electronic Government’
September 11, 2000
Courts in Three States Decide Liability of Architects, Public Owners for Defective or Non-Existent Payment Bonds
July 3, 2000
Individual Has Standing to Sue Under the False Claims Act, but the Act Does Not Authorize an Action Against a State
July 3, 2000
Disappointed Bidder May Recover Bid Preparation Costs But Not Lost Profit
June 26, 2000
Labor Department Steps Up Affirmative Action Enforcement
June 26, 2000
Contractor's Claim Barred by Failure to Give Notice
June 19, 2000
Protesting Your Own Low Bid – A New Necessity?
June 12, 2000
Contractor Prevails on Affirmative Action Appeal
May 15, 2000
Prime Contractor Is Liable for State Unemployment Taxes of Unlicensed Subcontractor Even on a Federal Project
May 1, 2000
Use of Project Labor Agreement Approved
April 2000
Legislature Has a Y2K Problem – Which It Has Shared with the Construction Industry
January 2000
Important New Laws Regarding Prequalification on California Public Works Projects
January 2000
New Accounting Rules Require States, Local Governments to Track Value of Their Infrastructure
June 1999
California Prevailing Wage Withholding Statute Declared Unconstitutional
March 26, 1998
Infrastructure Management Contracts: New IRS Allow Long-Term Management Agreements for Public Facilities Without Losing Favorable Tax-Exempt Financing
January 20, 1997
New California Law Authorizes Local Governments to Enter into Infrastructure Privatization Agreements Without Competitive Bidding
January 1997
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