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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...


HTMLP3s: Opportunities for Green
Sarah E. Carson; Smith, Currie & Hancock LLP;
Legal Alert/Article
October 23, 2015, previously published on October 14, 2015
The public infrastructure of the United States is crumbling. While state and local governments face budgetary restrictions, they are also requiring more costly repairs through increasing mandates for green building. The United States Environmental Protection Agency describes green building as the...


HTMLRisk Allocation in P3s
Harry Z. Rippeon; Smith, Currie & Hancock LLP;
Legal Alert/Article
October 15, 2015, previously published on October 1, 2015
The success or failure of many construction projects depends on accurate risk evaluation. How well a party can evaluate, shift, or price risk can be a determining factor in the project’s overall success and the party’s financial well-being. Under traditional project delivery methods, an...


HTMLPlay It Safe: Public Bidding Laws and P3s
Jonathan R. Mayo; Smith, Currie & Hancock LLP;
Legal Alert/Article
September 14, 2015, previously published on September 10, 2015
Public-Private Partnerships (“P3”) are a popular project delivery method for many state and local agencies across the nation. A key question that private parties interested in pursuing a P3 project should answer before diving in is whether the P3 procurement is subject to, and in...


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...


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”...


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...


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...


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....


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...


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