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|Is the End Near for Race-Conscious Contracting Programs? Federal Contractor Challenges the 8(a) Minority Business Development Program|
Edward T. DeLisle, Kayleen Egan, Maria L. Panichelli; Cohen Seglias Pallas Greenhall & Furman PC;
August 25, 2014, previously published on August 12, 2014Is the Small Business Administration’s (“SBA”) minority business development program, also known as the “8(a) Program” unconstitutional? The legality of the program has been a hot topic of debate over the year, most recently due to a significant DC District Court...
|Texas Supreme Court Applies Economic Loss Rule to Limit Tort Claims by Contractors Against Owner's Design Professionals|
Scott W. Cowan, Christopher H. Domingo, Daniel D. McMillan, Andrew D. Ness, J. Laurens Wilkes; Jones Day;
August 21, 2014, previously published on August 2014In a June 20 decision, the Texas Supreme Court applied the economic loss rule to preclude a direct claim for negligent misrepresentation by a construction contractor against an owner's architect based on flawed design documents. LAN/STV v. Martin K. Eby Constr. Co., No. 11-0810, 2014 Tex. LEXIS...
|“P3” is Way More than a New Buzzword|
Jeff Reichard; Nexsen Pruet, LLC;
August 20, 2014, previously published on August 19, 2014August 23rd marks the one-year anniversary of House Bill 857 (“HB 857”) becoming law in North Carolina. Through the enactment of HB 857, the Tar Heel state opened its doors to what is commonly referred to across the country as “P3,” which is shorthand for public-private...
|Defective Construction Claims: Are They Covered Under the CGL Policy or Not?|
Kohrman Jackson Krantz PLL;
August 19, 2014, previously published on August 18, 2014One area that is often argued are claims for defective construction under builders' commercial general liability insurance policies. This is an issue that equally affects a builder, a damaged party and the insurer, and how that issue is decided may depend on which state's law will control.
|Proposed Amendments to Alberta’s Condominium Property Act|
Brittany Weikum; McCarthy Tetrault LLP;
August 18, 2014, previously published on August 5, 2014On May 6, 2014 amendments to Alberta’s Condominium Property Act were introduced into the Alberta Legislature. The Act establishes the framework for the development, sale, and governance of both residential and commercial condominiums located in Alberta and outlines the duties and...
|Minimize the Inherent Risk in "Scope Bidding" by Amending Your Form Subcontract|
Eugene J. Heady; Smith, Currie & Hancock LLP;
August 12, 2014, previously published on August 8, 2014Subcontractors must exercise particular care if the project specifications are performance specifications or otherwise described by so-called “scope” criteria. A scope specification is one that describes the general scope of the project in terms of design, dimension, and major...
|SBA Increases Small Business Size Standards for Businesses in Numerous Industries, Including Construction|
Edward T. DeLisle, Maria L. Panichelli; Cohen Seglias Pallas Greenhall & Furman PC;
August 11, 2014, previously published on July 31, 2014If you participate in federal government procurement programs, either as a prime contractor or as a subcontractor, listen up! Your small business size status may have changed on July 14, 2014 as a result of an interim rule issued by the Small Business Administration (SBA). The rule increased...
|American Arbitration Association Releases New Rules for Fixed Time and Cost Construction Arbitrations|
Gina M. Vitiello; Chamberlain, Hrdlicka, White, Williams & Aughtry;
August 6, 2014, previously published on August 4, 2014Clients are always looking for ways to manage costs of legal disputes. With tighter cashflows since the recession, many businesses are understandably asking for budgets and working with their attorneys to find strategies that reduce legal fees and litigation costs.
|Ohio Supreme Court Ruling Simplifies Contract Drafting, Negotiation, and Enforcement|
McDonald Hopkins LLC;
August 2, 2014, previously published on July 28, 2014The Ohio Supreme Court issued its decision in Transtar Electric, Inc. v. A.E.M. Electric Servs. Corp., Slip Opinion 2014-Ohio-3095 on July 17, 2014. Although it does not change the underlying principles with respect to pay-when-paid vs. pay-if-paid provisions, the Court’s decision announces a...
|Homeowners Attempt to "Return to AAS"; Builder Seeks Writ Relief|
Andrew M. Morgan, Calvin R. Stead; Borton Petrini, LLP;
August 1, 2014, previously published on Summer 2014Civil Code section 895 et seq. ("the Act" or "SB800") sets forth construction standards for residential homes sold after January 1, 2003. It makes violation of the standards actionable regardless of whether the violation(s) caused actual property damage, effectively abrogating...