Document(s) published by this organization: 33
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|Building the Impenetrable Brick Wall of Project Documentation|
Eugene J. Heady; Smith, Currie & Hancock LLP;
November 1, 2014, previously published on October 21, 2014Early in my career as a project manager, years before becoming a lawyer, my manager called me into his office and assigned me to a large new project. He explained that the project owner had a reputation for being very litigious, and he needed me to aggressively manage the project to avoid costly...
|State Payment Bond Statutes: Navigating "Little Miller Acts"|
Stephen J. Kelleher; Smith, Currie & Hancock LLP;
October 2, 2014, previously published on October 1, 2014Contractors 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...
|Identification of Public Project Payment Bond Claimants|
Harry Z. Rippeon; Smith, Currie & Hancock LLP;
September 24, 2014, previously published on September 17, 2014Prime contractors working on public projects are often required to provide a payment bond to ensure adequate financial protection for those subcontractors and suppliers providing labor, materials, equipment, or other services. For federal government projects, this requirement is contained in the...
|Procedural Differences for Claims on Standard Form Performance and Payment Bonds|
Jonathan R. Mayo; Smith, Currie & Hancock LLP;
September 5, 2014, previously published on September 2, 2014Construction suretyship is a three-part relationship in which a surety provides performance and payment bonds guarantying the performance of a contractor to an owner and the contractor’s subcontractors and suppliers. A contractor may also demand performance and payment bonds from its...
|Discretionary Protection - State Bonding Requirements in P3 Projects|
Vianney Lopez; Smith, Currie & Hancock LLP;
August 25, 2014, previously published on August 19, 2014Public-private partnerships (“P3s”) have become an increasingly popular procurement method for public projects. P3s refer to the partnership between a public government agency—which can be federal, state, or local—and a private entity. The private entity’s role in...
|Minimize the Inherent Risk in "Scope Bidding" by Amending Your Form Subcontract|
Eugene J. Heady; Smith, Currie & Hancock LLP;
August 12, 2014, previously published on August 8, 2014Subcontractors must exercise particular care if the project specifications are performance specifications or otherwise described by so-called “scope” criteria. A scope specification is one that describes the general scope of the project in terms of design, dimension, and major...
|A Primer on the Miller Act's Federal Bonding Requirements|
Daniel M. Carrico; Smith, Currie & Hancock LLP;
August 11, 2014If you have ever been involved with a federal construction project—either as a contractor, subcontractor, supplier, or surety—you have probably had to deal with the Miller Act. That’s not surprising. Few pieces of legislation are more ubiquitous when it comes to construction work...
|Contract's Notice Provision Bars Claim for Extra Work|
James K. Bidgood, Jay R. Houghton, Joseph Young; Smith, Currie & Hancock LLP;
July 22, 2014, previously published on July 7, 2014The United States Court of Federal Claims recently held that a contractor’s claim for additional compensation for a change should be denied because the contractor failed to satisfy its contract’s written notice requirements. K-Con Building Systems, Inc. v. The United States, 114 Fed....
|An Overview of the Difference Between Indemnity Obligations and Obligations to Provide Additional Insured Coverage|
Smith Currie Hancock LLP;
July 18, 2014, previously published on July 7, 2014One of the most important risk-shifting devices in a construction contract is the indemnification provision because it protects one party from financial loss and damages arising from future problems occurring during the project. Indemnification is a promise that one party will make good on any...
|Anti-Indemnification Statutes and Their Impact upon Insuring Indemnification Obligations Versus Those of an Additional Insured|
Jay R. Houghton; Smith, Currie & Hancock LLP;
July 18, 2014, previously published on July 7, 2014Construction projects are inherently risky endeavors. A myriad of things that can go wrong range from damaging a tree on neighboring property, to the structural failure of a completed building, and the loss of limb or life. One of the most important reasons one enters into a contract while...