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HTMLConstruction Managers and Contractors: Improve Your Mergers & Acquisition and Dissolution Checklists to Avoid Expired License Exposure-and Worse
Jeffrey B. (Jeff) Kirzner, Daniel D. (Dan) McMillan; Jones Day;
Legal Alert/Article
January 27, 2016, previously published on January 2016
Dissolving a newly acquired or existing affiliate of a construction or construction management firm can have adverse unintended legal consequences when the dissolved affiliate holds executory contracts and the related entity that takes over the performance of the contracts lacks the requisite...


HTMLA New Twist to Construction Fraud
Trey R. Kelleter; Vandeventer Black LLP;
Legal Alert/Article
January 27, 2016, previously published on January 2016
Virginia Code §18.2-200.1 makes it a crime to commit construction fraud, that is, to take an advance of funds in return for a promise to perform a job with no real intention of performing and indeed, failing to substantially perform. It is a felony if the job was for more than $200. To prove...


HTMLCourt of Appeals Warns -- Want to Get Paid?  Comply with Contract Terms!
Julia J. Nierengarten; Meagher & Geer, P.L.L.P.;
Legal Alert/Article
January 25, 2016, previously published on November/December 2015
The Minnesota Court of Appeals recently issued an opinion that is important to all contractors to understand, if they want to get full payment on a project. The Court's decision gave a very clear instruction to all parties on a construction project - follow the terms of the contract. Failure to...


Adobe PDFLegal Framework and Benefits of Public-Private Partnerships
David M. DiSegna, Teno A. West; Pannone Lopes Devereaux & West LLC;
Legal Alert/Article
January 20, 2016, previously published by Rhode Island Bar Journal on January/February 2016
Throughout 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...


HTMLThe Superior Court of Québec Rules on the Obligation of Good Faith in Tendering Documents
Simon Grégoire; Borden Ladner Gervais LLP;
Legal Alert/Article
January 15, 2016, previously published on January 8, 2015
At 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...


HTMLDelay Damages: Don't Delay!
Kevin A. Rust; Vandeventer Black LLP;
Legal Alert/Article
January 14, 2016, previously published on December 2015
Delays 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...


HTMLHow to Contain Construction Disputes
John B. Cooper; Jones Day;
Legal Alert/Article
January 11, 2016, previously published on December 2015
Imagine 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?


Adobe PDFNew 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;
Legal Alert/Article
January 7, 2016, previously published on November 2015
A 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...


HTMLDoes 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;
Legal Alert/Article
January 5, 2016, previously published on December 4, 2015
The 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...


HTMLSpecial Considerations for Subcontractors and Suppliers on P3 Projects
Todd M. Heffner; Smith, Currie & Hancock LLP;
Legal Alert/Article
December 8, 2015, previously published on November 17, 2015
Public 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...


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