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|Legal Framework and Benefits of Public-Private Partnerships|
David M. DiSegna, Teno A. West; Pannone Lopes Devereaux & West LLC;
January 20, 2016, previously published by Rhode Island Bar Journal on January/February 2016Throughout the United States, governments and public agencies face the daunting task of upgrading or replacing their antiquated and deteriorating infrastructure, while grappling with fiscal pressures, such as declining tax revenues, increased expenses, rising pension costs, and state and federal...
|The Superior Court of Québec Rules on the Obligation of Good Faith in Tendering Documents|
Simon Grégoire; Borden Ladner Gervais LLP;
January 15, 2016, previously published on January 8, 2015At the conclusion of a call for tenders by the ministère des Transports du Québec (MTQ) (the Québec Transport Department) for the extension of Autoroute 5 in Gatineau, Inter-Cité Construction Ltée (Inter-Cité) was the lowest conforming bidder. Unable to...
|Delay Damages: Don't Delay!|
Kevin A. Rust; Vandeventer Black LLP;
January 14, 2016, previously published on December 2015Delays are common on construction projects, and so are delay damages provisions in construction contracts. Depending upon your involvement in the project, and the size or your operation, you may not have much input into what that clause says. That doesn’t mean you shouldn’t read it and...
|How to Contain Construction Disputes|
John B. Cooper; Jones Day;
January 11, 2016, previously published on December 2015Imagine if, when a dispute involving defective design or defective construction first arose, it could be dealt with in a safe environment so that the defects could be remedied and the possible impacts of them limited, reduced or avoided?
|New York’s Appellate Division Reverses Collateral Estoppel Ruling Against Payment Bond Sureties in Suit to Enforce Arbitration Award|
Thomas F. Giordano; Schnader Harrison Segal & Lewis LLP;
January 7, 2016, previously published on November 2015A recent decision by the First Department of the Supreme Court, Appellate Division, addresses the preclusive effect of arbitration awards in subsequent judgment enforcement suits against payment bond sureties. In Five Star Electric Corp. v. Federal Insurance Co., 127 A.D.3d 569, 8 N.Y.S.3d 98 (1st...
|Does an "Unrealistically Low" Price For a Fixed Price Contract Permit an Agency to Simply Eliminate a Proposal from Competition?|
Alan I. Saltman; Smith, Currie & Hancock LLP;
January 5, 2016, previously published on December 4, 2015The Court of Federal Claims just issued a significant opinion in KWR Construction Inc. v. United States, regarding an agency's rejection of a proposal on the basis that the offeror's price was unrealistically low. The procurement was for a multiple-award construction contract and was set aside for...
|Special Considerations for Subcontractors and Suppliers on P3 Projects|
Todd M. Heffner; Smith, Currie & Hancock LLP;
December 8, 2015, previously published on November 17, 2015Public Private Partnerships, or P3s, are aptly named because they truly mix aspects of public and private construction. But does that mean they are like public projects and subject to state or federal bonding requirement and prompt payment obligations? Or are they like private projects with lien...
|Decisions, Decisions, Decisions: A Guide to Effective Procurement Contracting in Australia|
Gregory K. Begaud, John B. Cooper; Jones Day;
December 2, 2015, previously published on November 2015“In any moment of decision, the best thing you can do is the right thing, the next best thing is the wrong thing, and the worst thing you can do is nothing.”
|A Court’s Bold Step to Limit General Contractor Liability|
Joseph A. Merlino; Rudolph Friedmann LLP;
November 30, 2015, previously published on November 9, 2015General contractors are responsible for ensuring that a construction site is generally safe for those working there. This is a daunting and stressful task which often puts the general contractor directly in the cross-hairs of any litigation initiated by someone who is injured on site. But what...
|Charbonneau Commission Report|
Borden Ladner Gervais LLP;
November 30, 2015, previously published on November 25, 2015After 261 days of hearings, the Report of the Commission of Inquiry on the Awarding and Management of Public Contracts in the Construction Industry (the “Charbonneau Commission”) was tabled and released to the public on November 24, 2015.