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Adobe PDFSecond Place Bidder on Public Works Project Can Sue Winning Bidder for Illegally Lowering Its Bid
Michelle J. Wells; Procopio, Cory, Hargreaves & Savitch LLP;
Legal Alert/Article
March 31, 2015, previously published on March 2015
It has long been the rule in California that the competitive bidding rules applicable to public works projects exist to protect the public, not disappointed bidders. However, in the recent decision of Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc., the California Court of Appeal held...

 

HTMLArbitration Waiver Violates Chapter 93A
Preti Flaherty Beliveau Pachios LLP;
Legal Alert/Article
March 30, 2015, previously published on March 2, 2015
A Massachusetts Superior Court Judge has held that a contractor’s failure to register with the Commonwealth under Mass. Gen. Laws. Chapter 142A constitutes an injury under Mass. Gen. Laws c. 93A (the Massachusetts Consumer Protection Statute). See Groleau v. Russo-Gariele, Norfolk Superior...

 

HTMLChinese Government Issues Opinions on Construction Industry Development and Reform
Ashley M. Howlett, Gigi Yuen; Jones Day;
Legal Alert/Article
March 30, 2015, previously published on March 2015
On 1 July 2014, the Ministry of Housing and Urban-Rural Development ("MOHURD") of the People's Republic of China ("PRC") released a document entitled "Several Opinions on Promoting Development and Reform in the Construction Industry" (the "Opinions").

 

HTMLWho is Entitled to Receive a “Refund” in NH of Impact Fees May Surprise You
Preti Flaherty Beliveau Pachios LLP;
Legal Alert/Article
March 30, 2015, previously published on January 6, 2015
We usually think that the word “refund,” refers to money being returned to the person who paid it. The NH Supreme Court, in the recent case of K.L.N. Construction Company, Inc. v. Town of Pelham, 2013-0374, turned this notion on its head in concluding that a “refund” of...

 

HTMLAn Alternative to Bid Protests - California Court Allows Second Low Bidder to Sue Low Bidder Directly
Preti Flaherty Beliveau Pachios LLP;
Legal Alert/Article
March 30, 2015, previously published on March 13, 2015
In Roy Allan Slurry Seal, et al. v American Asphalt South, Inc. (2/20/2015), the court held that if a low bidder is only able to secure the bid by paying its workers less than the required prevailing wage, then second low bidder is entitled to bring a direct law suit against the low bidder.

 

HTMLRecent Supreme Court Decisions Strengthen NH Statute of Repose
Preti Flaherty Beliveau Pachios LLP;
Legal Alert/Article
March 30, 2015, previously published on February 27, 2015
The New Hampshire Supreme Court has issued two decisions in the past two weeks that bolster the strength of New Hampshire’s 8 year statute of repose.

 

HTMLNew Hampshire Supreme Court Interprets "Your Work" Exclusion in CGL Policy
Preti Flaherty Beliveau Pachios LLP;
Legal Alert/Article
March 30, 2015, previously published on January 14, 2015
The NH Supreme Court issued an important ruling yesterday, clarifying the “Your Work” exclusion under a standard Commercial General Liability (CGL) Policy. See Cogswell Farm Condominium Association v. Tower Group, Inc.

 

Adobe PDFIt’s About Time: NY’s Public Authorities Law §1744 (2) Is Amended to Provide That A Notice Of Claim Must Be Filed After the Claim is Denied
Richard R. Volack, Charles E. Williams; Peckar & Abramson A Professional Corporation;
Legal Alert/Article
March 27, 2015, previously published on January 2015
For years, the New York City School Construction Authority has denied numerous contractors the opportunity to recover sums due and owing for work performed because they failed to file a formal notice of claim within 90 days of when their damages were ascertainable, even if they didn’t know...

 

Adobe PDFProposed Amendments to Chapter 558, Florida Statutes
K. Stefan Chin; Peckar & Abramson A Professional Corporation;
Legal Alert/Article
March 27, 2015, previously published on January 2015
The Associated General Contractors of America (“AGC”) will be seeking passage of a bill in 2015 which amends Chapter 558, Florida Statutes, Florida’s “Notice and Opportunity to Cure” statute.

 

HTMLTaiwan: Foreign Laborers in Public Construction Projects
John C. Lin; Jones Day;
Legal Alert/Article
March 26, 2015, previously published on Winter 2015
Taiwan public construction projects routinely have high demand for foreign labor due to a shortage of local laborers willing to undertake high-risk and labor-intensive projcts. Under the current statutory framework, only those public construction projects valued at more than NT$10 billion...

 


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