Smith, Currie & Hancock LLP Document Search Results (22)
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|Play It Safe: Public Bidding Laws and P3s|
Jonathan R. Mayo; Smith, Currie & Hancock LLP;
September 14, 2015, previously published on September 10, 2015Public-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...
|Contractual Considerations for Melding BIM with Integrated Project Delivery|
Eugene Polyak; Smith, Currie & Hancock LLP;
July 30, 2015, previously published on July 17, 2015Building 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...
|Erosion of the Spearin Doctrine of Implied Warranty in Alternative Project Delivery Methods|
Joseph R. Young; Smith, Currie & Hancock LLP;
July 9, 2015The 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...
|Collecting Judgments Across State Lines|
Joseph J. Dinardo; Smith, Currie & Hancock LLP;
July 9, 2015, previously published on March 12, 2015In 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....
|Who Owes What to Whom? Liability and Alternative Project Delivery|
Laura J. Stipanowich; Smith, Currie & Hancock LLP;
July 9, 2015, previously published on June 12, 2015Alternative 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”...
|Should You Agree to Provide Performance Guarantees and Warranties? It Depends On the Project Delivery Method.|
Jay R. Houghton; Smith, Currie & Hancock LLP;
July 9, 2015, previously published on June 1, 2015When 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...
|CLIENT ALERT: New Florida Federal Court Decision Exposes Construction Insurance Gap|
Brian A. Wolf; Smith, Currie & Hancock LLP;
June 22, 2015, previously published on June 8, 2015Your 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...
|Non-Traditional Insurance Risks for Non-Traditional Project Delivery Methods|
Daniel J. Greenberg; Smith, Currie & Hancock LLP;
June 2, 2015, previously published on May 20, 2015Non-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...
|Not Your Average Bond - Design Services in Alternative Project Delivery Methods|
Alyssa M. Bussey; Smith, Currie & Hancock LLP;
June 2, 2015, previously published on May 5, 2015The 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...
|SBA Proposed Rules Small Business Mentor-Protégé Program|
Stephen J. Kelleher, Steven L. Reed, Alan I. Saltman; Smith, Currie & Hancock LLP;
May 13, 2015, previously published on February 5, 2015On 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...