Document(s) published by this organization: 42
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|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....
|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...
|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...
|Public Policy Limitations on Indemnity for Sole or Partial Negligence|
Stephen J. Kelleher; Smith, Currie & Hancock LLP;
July 18, 2014, previously published on July 7, 2014Contractors 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...
|ISO 2013 Additional Insured Endorsements Revisions - What the Construction Industry Needs to Do|
Nicholas H. Ceavers; Smith, Currie & Hancock LLP;
July 18, 2014, previously published on July 7, 2014New risks associated with recent revisions to the standard ISO Additional Insured endorsements language have not been addressed by many in the construction industry. Although these revisions occurred in April of 2013, many participants in the construction industry have failed to take adequate...
|SBA Increases Small Business Size Standards for Construction|
Stephen J. Kelleher, Steven L. Reed, Alan I. Saltman; Smith, Currie & Hancock LLP;
July 9, 2014, previously published on June 19, 2014In 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...
|Can a Contractor Hold a Subcontractor to its Bid|
Eugene J. Heady; Smith, Currie & Hancock LLP;
July 2, 2014, previously published on June 6, 2014The Contractor was preparing to bid on a school project. On the day of the bid, a Subcontractor submitted its bid to the Contractor to perform the paving work on the project. The Subcontractor’s bid was submitted by telephone on the day that the Contractor had to submit its bid to the school...
|Failure to Comply with the Service Contract Act Leads to Three Year Debarment of Forest Service Contractor|
Alan I. Saltman; Smith, Currie & Hancock LLP;
May 21, 2014, previously published on May 1, 2014In 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...
|Empower Your Arbitrator to Allocate or Award Attorneys' Fees|
Eugene J. Heady; Smith, Currie & Hancock LLP;
April 11, 2014, previously published on April 7, 2014Claims 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...
|Joint Venture Participants - Credit for Past Performance|
Evangelin Lee Nichols; Smith, Currie & Hancock LLP;
April 1, 2014, previously published on March 24, 2014In 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...