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HTMLState Payment Bond Statutes: Navigating "Little Miller Acts"
Stephen J. Kelleher; Smith, Currie & Hancock LLP;
Legal Alert/Article
October 2, 2014, previously published on October 1, 2014
Contractors working on public contracts may perform for a number of public owners across a variety of jurisdictions. While it is always prudent for a contractor to know the contractual requirements of each jurisdiction, it is even more important to do so when crossing state lines. All states have...


HTMLPublic Policy Limitations on Indemnity for Sole or Partial Negligence
Stephen J. Kelleher; Smith, Currie & Hancock LLP;
Legal Alert/Article
July 18, 2014, previously published on July 7, 2014
Contractors often develop standard contracts for use on a variety of projects, tailored most often to the demands and particular needs of the owner and the project involved. Often these standard contracts include indemnification provisions that require the subcontractor to indemnify the general...


HTMLSBA Increases Small Business Size Standards for Construction
Stephen J. Kelleher, Steven L. Reed, Alan I. Saltman; Smith, Currie & Hancock LLP;
Legal Alert/Article
July 9, 2014, previously published on June 19, 2014
In an interim rule published June 12, 2014, effective July 14, 2014, the Small Business Administration has updated its revenue based size standards for small businesses. Citing the need to adjust the size standards due to inflation at least once every five years, SBA made the first adjustment to...


HTMLFailure to Comply with the Service Contract Act Leads to Three Year Debarment of Forest Service Contractor
Alan I. Saltman; Smith, Currie & Hancock LLP;
Legal Alert/Article
May 21, 2014, previously published on May 1, 2014
In last month's edition of Legal Briefs for the Timber Industry, we reiterated the fact that holders of Integrated Resource Service Contracts (IRSCs) like all service contractors are legally required to ensure that all covered employees that work on the contract (including employees of...


HTMLJoint Venture Participants - Credit for Past Performance
Evangelin Lee Nichols; Smith, Currie & Hancock LLP;
Legal Alert/Article
April 1, 2014, previously published on March 24, 2014
In a bid protest decision regarding a “best value” award, the Government Accountability Office (“GAO”) sustained the protests by disappointed offerors on the grounds that the procuring agency unreasonably credited a joint venture awardee with the corporate experience and...


HTMLIgnoring RFP Formatting Requirements Is Risky
Stephen J. Kelleher; Smith, Currie & Hancock LLP;
Legal Alert/Article
January 8, 2014, previously published on January 3, 2014
With the advance of technology and the importance of delivering information to the government by electronic means using that technology, a contractor must stay aware of the specific requirements set forth in Requests for Proposals (“RFPs”) for the submission of proposals and ensure that...