Smith, Currie & Hancock LLP Document Search Results (22)
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|Florida Reaffirms "Consumer Expectations" Test in Design Defect Products Liability Cases|
Eugene Polyak; Smith, Currie & Hancock LLP;
January 8, 2016, previously published on December 23, 2015In 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.
|Does 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;
January 5, 2016, previously published on December 4, 2015The 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...
|Special Considerations for Subcontractors and Suppliers on P3 Projects|
Todd M. Heffner; Smith, Currie & Hancock LLP;
December 8, 2015, previously published on November 17, 2015Public 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...
|Are Public-Private Partnerships Subject to Prevailing Wage Laws?|
Stephen J. Kelleher; Smith, Currie & Hancock LLP;
November 17, 2015, previously published on November 4, 2015Public-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...
|P3s: Opportunities for Green|
Sarah E. Carson; Smith, Currie & Hancock LLP;
October 23, 2015, previously published on October 14, 2015The 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...
|Risk Allocation in P3s|
Harry Z. Rippeon; Smith, Currie & Hancock LLP;
October 15, 2015, previously published on October 1, 2015The 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...
|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...
|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”...