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HTMLContract Disputes Act Deadline for Contracting Officer Decision - Can’t Keep Extending
Stanley A. Martin; Duane Morris LLP;
Legal Alert/Article
March 25, 2015, previously published on February 27, 2015
The government when faced with a complex contractor claim may extend the deadline for the Contracting Officer’s response to a date beyond the original CDA 60-day period. What happens when the CO seeks to extend the deadline a second time? The Court of Federal Claims confirmed that the CO does...

 

HTMLAttacks on Prevailing Wage Laws - Where’s the Tipping Point?
Stanley A. Martin; Duane Morris LLP;
Legal Alert/Article
March 25, 2015, previously published on February 20, 2015
News reports this week cover legislative action in four different states to reduce the scope of prevailing wage laws on public projects. Whatever your opinion on prevailing wage laws - love them, hate them, or somewhere in the middle - the effort to reduce the reach of those laws appears to be...

 

HTMLArbitration Award Stands Despite Apparent Error of Law
Stanley A. Martin; Duane Morris LLP;
Legal Alert/Article
March 25, 2015, previously published on March 12, 2015
A federal appellate court has reminded the business community that a mistake of law by an arbitration panel will not ordinarily be grounds to overturn the award. The arbitration concerned a terminated financial services consultant, who filed for arbitration almost two years after the termination....

 

HTMLPrevailing Wage Violation Invites Unsuccessful Bidder’s Tort Claim
Robert C. Hendrickson; Duane Morris LLP;
Legal Alert/Article
March 25, 2015, previously published on March 6, 2015
Failing to pay prevailing wages on a public works project can have consequences beyond labor code penalties and claims for unpaid wages. Contractors who “unlawfully deflate their labor costs” by intentionally violating prevailing wage laws in order to win contracts are also subject to...

 

HTMLThe 4th Circuit Expands Liability Under the False Claims Act
Edward T. DeLisle, Amy M. Kirby; Cohen Seglias Pallas Greenhall & Furman PC;
Legal Alert/Article
March 24, 2015, previously published on February 20, 2015
On January 8, 2015 the U.S. Court of Appeals for the Fourth Circuit issued a decision in United States v. Triple Canopy, which broadened the reach of the False Claims Act (FCA) by embracing the theory of implied certification. While it is too early to speculate about the impact of the decision, it...

 

HTMLProposed Rule Would Give Federal Contractors a New Way to Report Agency Mismanagement and Misconduct
Edward T. DeLisle, Maria L. Panichelli; Cohen Seglias Pallas Greenhall & Furman PC;
Legal Alert/Article
March 24, 2015, previously published on January 30, 2015
Over the last few years the world of federal contracting has seen an increased focus on the False Claims Act, the prevention of fraud, and the strengthening of fraud-related penalties. 2015 will certainly be no different. However, the new year brings with it a slightly different take on fraud...

 

HTMLCourt of Federal Claims Reaffirms VOSB/SDVOSB's Right to Due Process During Protests, Rejects VA's Interpretation of Revised Protest Regulations
Edward T. DeLisle, Maria L. Panichelli; Cohen Seglias Pallas Greenhall & Furman PC;
Legal Alert/Article
March 24, 2015, previously published on January 23, 2015
Several months ago, we told you about Ambuild Company v. LLC v. U.S., a very important case pending before the Court of Federal Claims (“COFC”). The AmBuild case was of particular interest to our firm because it concerned the interpretation of a Department of Veterans’ Affairs...

 

HTML“What’s in Your Contract?”
Herschel V. Keller; Gentry Locke Rakes & Moore, LLP;
Legal Alert/Article
March 24, 2015
“Except in the middle of the battlefield, nowhere must men coordinate movement of other men and all materials in the midst of such chaos and with such limited certainty of present facts and future occurrences as in a huge construction project . . .”

 

HTMLEconomic Loss Doctrine Applied In Construction Case
Asha Echeverria; Bernstein Shur;
Legal Alert/Article
March 20, 2015, previously published on February 26, 2015
In Arundel Valley, LLC v. Branch River Plastics, Inc., BCD-CV-13-15 (Me. Super. Ct. Nov. 4, 2014), the Maine Superior Court delves into and brings some clarity to the murky world of the economic loss doctrine. Under Maine law, the economic loss doctrine states that absent personal injury or...

 

HTMLRhode Island - You Get One, and Only One, Bite at the Apple
Michael R. Bosse; Bernstein Shur;
Legal Alert/Article
March 20, 2015, previously published on February 26, 2015
A recent Rhode Island case reminds us that, in litigation, you usually only get one bite at the apple. In Torrado Architects v. Rhode Island Department of Human Services, decided November 25, 2014, Torrado was denied the ability to conduct a second binding arbitration after the first one was...

 


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