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Adobe PDFNew Regulations Make Avoiding Labor and Employment Disputes a Criterion for Award of Federal Contracts and Subcontracts
Douglas L. Tabeling, Brian Shannon Wood; Smith, Currie & Hancock LLP;
Legal Alert/Article
September 16, 2016, previously published on September 1, 2016
On August 24, 2016, the FAR Council released a final rule implementing the 2015 Fair Pay and Safe Workplaces Executive Order. The Department of Labor issued guidance on the final rule the same day. These regulations place new obligations on contractors that work with federal government agencies and...

 

HTMLAn Outline of Some Surprising New SBA Rules that Significantly Affect Both Large and Small Federal Contractors
Alan I. Saltman; Smith, Currie & Hancock LLP;
Legal Alert/Article
September 12, 2016, previously published on August 25, 2016
The Small Business Administration (SBA) has just amended its regulations in several important respects. While somewhat of a tangle, these amendments contain things that benefit large businesses as well as small ones that contract with the federal government.

 

HTMLChallenging Negative Performance Evaluations
Kathleen Hsu, Alan I. Saltman; Smith, Currie & Hancock LLP;
Legal Alert/Article
April 28, 2016, previously published on March 4, 2016
In the course of evaluating the past performance of offerors competing for the award of a federal contract, agencies routinely examine performance evaluations contained in the government’s Past Performance Information Retrieval System (“PPIRS”). Information is available through...

 

HTMLWhere Does the Duty of Care Flow? Limiting the Potentially Broad Liability of Construction Managers
Steven J. Stuart; Smith, Currie & Hancock LLP;
Legal Alert/Article
April 28, 2016, previously published on March 31, 2016
Construction managers are often in an unenviable position. With expansive contracts, construction managers perform multiple tasks that may impact many different people. With the general charge of managing a construction project comes the potential of broad liability to those involved with the...

 

HTMLA Retreat from "Fairyland": The Sixth Circuit Reduces Damage Award in Circle C Litigation
Stephen J. Kelleher; Smith, Currie & Hancock LLP;
Legal Alert/Article
April 5, 2016, previously published on March 1, 2016
A recent False Claims Act decision by the Sixth Circuit Court of Appeals appears to have drastically reduced the damages recoverable by the federal government for an alleged violation of the Davis Bacon Act. In the well known Circle C Construction case, the court ruled that False Claims Act damages...

 

Adobe PDFMaking the Best of a Bad Situation: Where and How Contractors Can Find Insurance Coverage for Civil Violations of the False Claims Act
Ronald G. Robey, Scott C. Turner; Smith, Currie & Hancock LLP;
Legal Alert/Article
February 17, 2016, previously published on February 3, 2016
The False Claims Act (FCA) makes it unlawful to present a “false or fraudulent” claim for government reimbursement. A claim can be “factually” false because, for example, a contractor did not provide the products or services that are the subject of the reimbursement. A claim...

 

HTMLFlorida Reaffirms "Consumer Expectations" Test in Design Defect Products Liability Cases
Eugene Polyak; Smith, Currie & Hancock LLP;
Legal Alert/Article
January 8, 2016, previously published on December 23, 2015
In Aubin v. Union Carbide Corp., 40 Fla. L. Weekly S596 (Fla. Oct. 29, 2015), the Florida Supreme Court recently resolved an important conflict between Florida's intermediate appellate courts with respect to the test used in adjudicating design-defect claims in product liability cases.

 

HTMLDoes an "Unrealistically Low" Price For a Fixed Price Contract Permit an Agency to Simply Eliminate a Proposal from Competition?
Alan I. Saltman; Smith, Currie & Hancock LLP;
Legal Alert/Article
January 5, 2016, previously published on December 4, 2015
The Court of Federal Claims just issued a significant opinion in KWR Construction Inc. v. United States, regarding an agency's rejection of a proposal on the basis that the offeror's price was unrealistically low. The procurement was for a multiple-award construction contract and was set aside for...

 

HTMLSpecial Considerations for Subcontractors and Suppliers on P3 Projects
Todd M. Heffner; Smith, Currie & Hancock LLP;
Legal Alert/Article
December 8, 2015, previously published on November 17, 2015
Public Private Partnerships, or P3s, are aptly named because they truly mix aspects of public and private construction. But does that mean they are like public projects and subject to state or federal bonding requirement and prompt payment obligations? Or are they like private projects with lien...

 

HTMLAre Public-Private Partnerships Subject to Prevailing Wage Laws?
Stephen J. Kelleher; Smith, Currie & Hancock LLP;
Legal Alert/Article
November 17, 2015, previously published on November 4, 2015
Public-Private Partnerships, often referred to as P3s or PPPs, are experiencing a growing popularity in construction. One reason for this is quite straightforward: as public entities, whether they be cities, states or public agencies, continue to experience tightening budgets, creative means of...

 


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