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Legal Articles: Smith, Currie & Hancock LLP

 







Document(s) published by this organization: 24


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HTMLContractual Considerations for Melding BIM with Integrated Project Delivery
Eugene Polyak; Smith, Currie & Hancock LLP;
Legal Alert/Article
July 30, 2015, previously published on July 17, 2015
Building Information Modeling (“BIM”) is increasingly used within the construction industry by design professionals, contractors, construction managers, and owners. BIM is particularly well suited to Integrated Project Delivery (“IPD”), a project delivery method where...

 

HTMLErosion of the Spearin Doctrine of Implied Warranty in Alternative Project Delivery Methods
Joseph R. Young; Smith, Currie & Hancock LLP;
Legal Alert/Article
July 9, 2015
The United States Supreme Court ruled nearly a century ago that a contractor is not responsible for consequences of defects in the plans and specifications when that contractor is bound to build according to plans and specifications prepared by the owner. U.S. v. Spearin, 248 U.S. 132 (1918). This...

 

HTMLWho Owes What to Whom? Liability and Alternative Project Delivery
Laura J. Stipanowich; Smith, Currie & Hancock LLP;
Legal Alert/Article
July 9, 2015, previously published on June 12, 2015
Alternative project delivery methods, such as design-build, are increasingly prevalent in the modern construction industry. Occasionally, the design-build team consists of a constructor that, pursuant to a prime contract with the project owner, is the “single point of responsibility”...

 

HTMLCollecting Judgments Across State Lines
Joseph J. Dinardo; Smith, Currie & Hancock LLP;
Legal Alert/Article
July 9, 2015, previously published on March 12, 2015
In recent years, many in the construction industry have found themselves in the situation of having obtained a judgment against an owner, general contractor, or subcontractor in one state only to find out that the debtor has moved its operations or assets to another state to avoid its creditors....

 

HTMLShould You Agree to Provide Performance Guarantees and Warranties? It Depends On the Project Delivery Method.
Jay R. Houghton; Smith, Currie & Hancock LLP;
Legal Alert/Article
July 9, 2015, previously published on June 1, 2015
When confronted by a project delivery method other than the traditional design-bid-build method, owners and contractors must be cognizant of exactly how that changes the project’s risk profile. One obvious risk on every project is whether the project will satisfy the owner’s performance...

 

HTMLCLIENT ALERT: New Florida Federal Court Decision Exposes Construction Insurance Gap
Brian A. Wolf; Smith, Currie & Hancock LLP;
Legal Alert/Article
June 22, 2015, previously published on June 8, 2015
Your insurance policy may not cover the costs of an expensive Chapter 558 construction defect process. Florida's construction defect statute, Chapter 558, requires an owner to notify contractors of all alleged construction defects. After the notice is sent, the contractor notifies all of the trade...

 

HTMLNon-Traditional Insurance Risks for Non-Traditional Project Delivery Methods
Daniel J. Greenberg; Smith, Currie & Hancock LLP;
Legal Alert/Article
June 2, 2015, previously published on May 20, 2015
Non-traditional project delivery methods are being increasingly used in construction projects, and these delivery methods can bring non-traditional insurance risks. Non-traditional project delivery methods may require project participants, such as designers, contractors and owners, to hold...

 

HTMLNot Your Average Bond - Design Services in Alternative Project Delivery Methods
Alyssa M. Bussey; Smith, Currie & Hancock LLP;
Legal Alert/Article
June 2, 2015, previously published on May 5, 2015
The rise in popularity of alternative project delivery methods that combine design services complicates the already opaque world of surety bonds. As a general matter, for any project type, a bond is a tripartite transaction in which the contractor pays a percent of the penal sum of the bond to the...

 

HTMLSBA Proposed Rules Small Business Mentor-Protégé Program
Stephen J. Kelleher, Steven L. Reed, Alan I. Saltman; Smith, Currie & Hancock LLP;
Legal Alert/Article
May 13, 2015, previously published on February 5, 2015
On February 5, 2015, the Small Business Administration issued proposed rules that would establish a government wide mentor-protégé program for all small business types, including participants in the HUBZone, Women-Owned Small Business and Service Disabled Veteran Owned Small Business...

 

HTMLCONCESSION LAW NEWS: GAO Reiterates Its Jurisdiction to Hear Bid Protests Regarding Some NPS Concessions Contracts; but Totally Denies the Protest
Alan I. Saltman; Smith, Currie & Hancock LLP;
Legal Alert/Article
May 13, 2015
A Government Accountability Office (GAO) bid protest decision issued last week in DNC Parks & Resorts at Yosemite, Inc., reveals that the National Park Service (NPS) is continuing its approach of thumbing its nose at GAO. That is, asserting once again, that GAO does not have jurisdiction over...

 


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