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|Your Venue, My Bond Claim: A Florida Law Primer|
Peter C. Vilmos; Burr & Forman LLP;
April 8, 2014, previously published on April 3, 2014Construction clients very often perform work in places far from either the corporate office, or far from the construction client's local office. Our clients even perform work - dare we admit - far from their attorney's office. At the same time, many construction clients want both consistency in...
|Construction Contractors Subject To New OFCCP Rules|
Fisher Phillips LLP;
April 2, 2014, previously published on March 31, 2014Because of a recent court decision, federal construction contractors must comply with several new regulations that many consider burdensome. An effort to exempt construction contractors from some of the new regulations was tossed out by a federal judge. Associated Builders and Contractors, Inc. v....
|Why Contemporaneous Project Scheduling Is Important|
James K. Bidgood, Steven J. Stuart; Smith, Currie & Hancock LLP;
April 1, 2014, previously published on March 24, 2014A good project schedule may be critical to managing a project. When the project’s progress is impacted, the schedule can be revised to show the changes and their effect on the project. Contemporaneous schedule updates are not only good practice; they may also be mandated by the...
|The Implied Duty of Good Faith and Fair Dealing Lives!|
Y. Lisa Colon Heron; Smith, Currie & Hancock LLP;
April 1, 2014, previously published on March 24, 2014One of the heralded benefits to an owner using the design-build project delivery system is the single point of responsibility. Consistent with the scope of work, the owner is able to shred itself of implied warranty liability for the accuracy of the plans and specifications for the project. However...
|How to Pursue Out-of-State Judgments|
Joseph J. Dinardo; Smith, Currie & Hancock LLP;
April 1, 2014, previously published on March 24, 2014Periodically, we receive calls from contractors and suppliers who have obtained judgments against debtors in other states only to find out that the debtors have relocated to, set-up shop, or have assets in Georgia. These “judgment creditors” want to know if there is anything that can be...
|Lien and Bond Notice Pitfalls - Details Matter|
Daniel M. Carrico; Smith, Currie & Hancock LLP;
April 1, 2014, previously published on March 24, 2014“Did you send your statutory notices?” This question should be familiar to any firm seeking help in pursuing a bond or lien claim for nonpayment. Seasoned contractors also know that it is just the beginning of the inquisition. “When did you serve the notices?” “How did...
|Messy Solar Construction Litigation Sheds a Little Light on the Intersection of New Jersey Lien Statutes and Public Private Partnership|
Daniel E. Fierstein, Jennifer M. Horn; Cohen Seglias Pallas Greenhall & Furman PC;
April 1, 2014, previously published on March 31, 2014A recent case before the Appellate Division of the Superior Court of New Jersey (Morris County Improvement Authority and Somerset County Improvement Authority v. Power Partners Mastec, LLC) involving solar construction has shed light (pun intended) on the complications associated with projects that...
|Fee Allocation in the Schedule of Values|
Harry Rippeon; Smith Currie Hancock LLP;
April 1, 2014, previously published on March 24, 2014When contractors prepare their budget for a project, they often allocate costs among various line items. This allocation typically takes the form of a schedule of values (“SOV”), which is often presented to the owner (or general contractor, in the case of a subcontractor) for approval...
|Joint Venture Participants - Credit for Past Performance|
Evangelin Lee Nichols; Smith, Currie & Hancock LLP;
April 1, 2014, previously published on March 24, 2014In a bid protest decision regarding a “best value” award, the Government Accountability Office (“GAO”) sustained the protests by disappointed offerors on the grounds that the procuring agency unreasonably credited a joint venture awardee with the corporate experience and...
|Want to Appeal a Bid Protest Decision Involving A Maryland State Contract? If New Legislation Becomes Law, You May Have to Pay to Play...|
Jennifer M. Horn; Cohen Seglias Pallas Greenhall & Furman PC;
March 19, 2014, previously published on March 7, 2014New Proposed Legislation Would Require Bond: If House Bill 1488 becomes law in Maryland, bid protesters of state contracts appealing a decision to the Maryland Board of Contract Appeals would be required to simultaneously submit a “protest appeal bond or other form of acceptable...