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HTMLNext Dance at the Retail Prom: Outlet Malls
Albert Lin; McCarthy Tétrault LLP;
Legal Alert/Article
March 25, 2015, previously published on March 24, 2015
Like the uncertain and seemingly interminable pause after the first dance at senior prom, the Canadian retail landscape is in a state of flux, with the landlords and retailers clasped in each other’s hands anxiously awaiting the next dance. Retailers are contending with new foreign entrants...

 

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...

 

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...

 

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...

 

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 . . .”

 

HTMLCGL Exclusions for Contractual Liability - The Existence of a Contract Does Not Dictate the Exclusion
Michael A. Hodgins; Bernstein Shur;
Legal Alert/Article
March 20, 2015, previously published on February 26, 2015
Just when contractors think they have insurance coverage for a claim under their Commercial General Liability policy, they find they do not, often because of the application of one of many policy exclusions. Contractors are understandably confused. Sometimes these policy exclusions can prove...

 

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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