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Legal Articles: Smith, Currie & Hancock LLP

 







Document(s) published by this organization: 45


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Adobe PDFEmpower Your Arbitrator to Allocate or Award Attorneys' Fees
Eugene J. Heady; Smith, Currie & Hancock LLP;
Legal Alert/Article
April 11, 2014, previously published on April 7, 2014
Claims and disputes involving construction projects tend to be technically complex and factually intensive. As a result, the resolution of construction claims and disputes can be time consuming and costly. In prosecuting or defending claims, one question that always arises is “Can I recover...

 

HTMLThe Implied Duty of Good Faith and Fair Dealing Lives!
Y. Lisa Colon Heron; Smith, Currie & Hancock LLP;
Legal Alert/Article
April 1, 2014, previously published on March 24, 2014
One of the heralded benefits to an owner using the design-build project delivery system is the single point of responsibility. Consistent with the scope of work, the owner is able to shred itself of implied warranty liability for the accuracy of the plans and specifications for the project. However...

 

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...

 

HTMLFalse Claims Act - Retaliatory Discharge Claims
Lochlin B. Samples; Smith, Currie & Hancock LLP;
Legal Alert/Article
April 1, 2014, previously published on March 24, 2014
Recently, the United States District Court for the Southern District of Mississippi issued a detailed ruling dismissing an employee’s retaliatory discharge claim under the Federal False Claims Act (“FCA”). See McCollum v. Jacobs Engineering Group, Inc., No. 3:13-cv-866, 2014 WL...

 

HTMLLien and Bond Notice Pitfalls - Details Matter
Daniel M. Carrico; Smith, Currie & Hancock LLP;
Legal Alert/Article
April 1, 2014, previously published on March 24, 2014
“Did you send your statutory notices?” This question should be familiar to any firm seeking help in pursuing a bond or lien claim for nonpayment. Seasoned contractors also know that it is just the beginning of the inquisition. “When did you serve the notices?” “How did...

 

HTMLWhy Contemporaneous Project Scheduling Is Important
James K. Bidgood, Steven J. Stuart; Smith, Currie & Hancock LLP;
Legal Alert/Article
April 1, 2014, previously published on March 24, 2014
A good project schedule may be critical to managing a project. When the project’s progress is impacted, the schedule can be revised to show the changes and their effect on the project. Contemporaneous schedule updates are not only good practice; they may also be mandated by the...

 

HTMLHow to Pursue Out-of-State Judgments
Joseph J. Dinardo; Smith, Currie & Hancock LLP;
Legal Alert/Article
April 1, 2014, previously published on March 24, 2014
Periodically, we receive calls from contractors and suppliers who have obtained judgments against debtors in other states only to find out that the debtors have relocated to, set-up shop, or have assets in Georgia. These “judgment creditors” want to know if there is anything that can be...

 

HTMLFee Allocation in the Schedule of Values
Harry Rippeon; Smith Currie Hancock LLP;
Legal Alert/Article
April 1, 2014, previously published on March 24, 2014
When contractors prepare their budget for a project, they often allocate costs among various line items. This allocation typically takes the form of a schedule of values (“SOV”), which is often presented to the owner (or general contractor, in the case of a subcontractor) for approval...

 

HTMLIs Your Arbitration Clause Enforceable?
Sarah E. Carson; Smith, Currie & Hancock LLP;
Legal Alert/Article
March 31, 2014, previously published on March 24, 2014
Is your agreement to arbitrate disputes ironclad? You may be wrong. A recent Hawaii Court of Appeals decision proposes a modification to the theory to which many have subscribed: ambiguous text renders the arbitration agreement as hollow. In this case, determining whether the arbitration agreement...

 

HTMLForum-Selection Clauses - Still Enforceable?
James K. Bidgood, Vianney Lopez; Smith, Currie & Hancock LLP;
Legal Alert/Article
January 8, 2014, previously published on January 3, 2014
Contracting parties often agree to settle disputes in a preselected court or arbitration proceeding, in a preselected location. Such agreements are called “forum-selection clauses” in contracts. The United States Supreme Court recently addressed a challenge to forum-selection clauses,...

 


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