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Legal Articles: Smith, Currie & Hancock LLP

 







Document(s) published by this organization: 44


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HTMLDiscretionary Protection - State Bonding Requirements in P3 Projects
Vianney Lopez; Smith, Currie & Hancock LLP;
Legal Alert/Article
August 25, 2014, previously published on August 19, 2014
Public-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...

 

HTMLMinimize the Inherent Risk in "Scope Bidding" by Amending Your Form Subcontract
Eugene J. Heady; Smith, Currie & Hancock LLP;
Legal Alert/Article
August 12, 2014, previously published on August 8, 2014
Subcontractors 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...

 

HTMLA Primer on the Miller Act's Federal Bonding Requirements
Daniel M. Carrico; Smith, Currie & Hancock LLP;
Legal Alert/Article
August 11, 2014
If 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...

 

HTMLContract's Notice Provision Bars Claim for Extra Work
James K. Bidgood, Jay R. Houghton, Joseph Young; Smith, Currie & Hancock LLP;
Legal Alert/Article
July 22, 2014, previously published on July 7, 2014
The 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....

 

HTMLISO 2013 Additional Insured Endorsements Revisions - What the Construction Industry Needs to Do
Nicholas H. Ceavers; Smith, Currie & Hancock LLP;
Legal Alert/Article
July 18, 2014, previously published on July 7, 2014
New 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...

 

HTMLAnti-Indemnification Statutes and Their Impact upon Insuring Indemnification Obligations Versus Those of an Additional Insured
Jay R. Houghton; Smith, Currie & Hancock LLP;
Legal Alert/Article
July 18, 2014, previously published on July 7, 2014
Construction 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...

 

HTMLAn Overview of the Difference Between Indemnity Obligations and Obligations to Provide Additional Insured Coverage
Smith Currie Hancock LLP;
Legal Alert/Article
July 18, 2014, previously published on July 7, 2014
One 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...

 

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...

 

HTMLCan a Contractor Hold a Subcontractor to its Bid
Eugene J. Heady; Smith, Currie & Hancock LLP;
Legal Alert/Article
July 2, 2014, previously published on June 6, 2014
The 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...

 


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