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|Five Questions to Ask When Drafting or Reviewing a Contract|
George F. Burns; Bernstein Shur;
April 30, 2014, previously published on April 24, 2014Contractors, owners and designers in the construction industry want to build and complete projects. They don’t really want to be buried in mountains of paper. However, one of the most important first steps on any construction project is to make sure that the contract documents match the...
|Liquidated Damages - Carefully Crafted to Avoid Litigation|
Robert E. Travers; Williams Mullen;
April 30, 2014, previously published on April 29, 2014Necessity may be the mother of invention, but uncertainty is certainly the mother of litigation. In the context of construction contracts, the uncertainty that most often results in an expensive trial is not whether a party breached an agreement; rather it is the amount of damages the non-breaching...
|Workers' Compensation + Retaliation = Missouri Supreme Court Adopts the "Contributing Factor" Standard|
Laura J. Bettenhausen; Baker Sterchi Cowden & Rice, L.L.C.;
April 29, 2014, previously published on April 22, 2014On April 15th, the Missouri Supreme Court abandoned the “exclusive factor” test and replaced it with the “contributing factor” test in cases under Section 287.780 R.S.Mo., in which former employees claim they were fired due to the fact that they filed a workers’...
|PennDOT Shortlists Four Teams for its Rapid Bridge Replacement P3 Project|
April 28, 2014, previously published on April 16, 2014The Pennsylvania Department of Transportation (“PennDOT”) has announced that based upon responses to PennDOT’s request for qualifications for its Rapid Bridge Replacement Project, a public-private partnership involving the construction of more than 500 bridges, it will invite four...
|Virginia Procurement: Low Bidder vs. Best Value|
Jordy Murray; Rees Broome, PC;
April 25, 2014, previously published on Winter/Spring 2014Except for certain enumerated exceptions, competitive sealed bidding is generally the only available method for Virginia’s department and agencies to procure goods and services, including construction services.
|Sabine Pass LNG Files Monthly Construction Status Report|
Sutherland Asbill Brennan LLP;
April 25, 2014, previously published on April 22, 2014Sabine Pass LNG filed a report with FERC covering construction activities through March 2014 at its LNG export terminal in Cameron Parish, La. Stage 1 (liquefaction trains 1 and 2) engineering is 96.0% complete, procurement is 94.6%, and subcontract and direct hire construction work are 37.7% and...
|Potential Roadblock to the Recovery of Claims|
Andrew N. Felice; Rees Broome, PC;
April 25, 2014, previously published on Winter/Spring 2014A recent decision in a case by the United States District Court for the Western District of Virginia may have a far reaching impact upon contractors working on projects administered under the Virginia Public Procurement Act (the “Act”). The contractor in the case was awarded a jury...
|Supreme Court's Pass on Berks Products Impacts PA Contractors|
Jason A. Copley, Daniel E. Fierstein; Cohen Seglias Pallas Greenhall & Furman PC;
April 23, 2014, previously published on April 11, 2014 Counterintuitive as it may seem, courts can exert significant influence by deciding not to consider a case. The Supreme Court of Pennsylvania did just that on April 1, 2014 when it decided not to consider an appeal in the Berks Products Corp. v. Arch Insurance Co. case (Berks). The underlying case...
|Pennsylvania Supreme Court Unanimously Holds That Union Workers Are Not Subcontractors for Purposes of Pa. Mechanics' Lien Law|
Duane Morris LLP;
April 22, 2014, previously published on April 21, 2014On April 17, 2014, the Supreme Court of Pennsylvania issued a decision eagerly awaited by owners, developers, contractors and others involved in the construction industry.
|House Small Business Committee Approves Two Bills Designed to Help Small Business Contractors|
Edward T. DeLisle, Maria L. Panichelli; Cohen Seglias Pallas Greenhall & Furman PC;
April 22, 2014, previously published on April 7, 2014 A little over a month ago, Rep. Sam Graves, Chairman of the House Committee on Small Business, introduced a pair of bills designed to increase the participation of small business contractors in federal contracting.