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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...


HTMLDecisions, Decisions, Decisions: A Guide to Effective Procurement Contracting in Australia
Gregory K. (Greg) Begaud, John B. Cooper; Jones Day;
Legal Alert/Article
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.”


HTMLA Court’s Bold Step to Limit General Contractor Liability
Joseph A. Merlino; Rudolph Friedmann LLP;
Legal Alert/Article
November 30, 2015, previously published on November 9, 2015
General 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...


HTMLCharbonneau Commission Report
Borden Ladner Gervais LLP;
Legal Alert/Article
November 30, 2015, previously published on November 25, 2015
After 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.


HTMLAre Public-Private Partnerships Subject to Prevailing Wage Laws?
Stephen J. Kelleher; Smith, Currie & Hancock LLP;
Legal Alert/Article
November 17, 2015, previously published on November 4, 2015
Public-Private Partnerships, often referred to as P3s or PPPs, are experiencing a growing popularity in construction. One reason for this is quite straightforward: as public entities, whether they be cities, states or public agencies, continue to experience tightening budgets, creative means of...


HTMLOSHA Fines to Increase by Nearly 52%, Marking First Increase in 25 Years
John D. Surma, Collin G. Warren; Adams and Reese LLP;
Legal Alert/Article
November 12, 2015, previously published on November 3, 2015
OSHA critics often complain that the maximum allowed penalties have not changed since 1990 when the penalties were set at $7,000 (other than serious and serious) and $70,000 (repeat or willful). The “Bipartisan Budget Act of 2015” will both cause a dramatic increase in those amounts and...


HTMLOSHA’s New Regulation on Confined Spaces in Construction
Conor H. Meeks; Taft Stettinius & Hollister LLP;
Legal Alert/Article
November 6, 2015, previously published on October 28, 2015
On May 4, 2015, the Occupational Safety and Health Administration (OSHA) issued a new regulation on confined spaces in the construction industry. Previously, there was only one rule for construction employers - provide training to employees who enter confined spaces. The new regulation (29 C.F.R....


HTMLContractor Payments: Take the Money and Run, Even if the Bankruptcy Trustee Later Comes Calling
Bruce J. L. Lowe; Taft Stettinius & Hollister LLP;
Legal Alert/Article
November 6, 2015, previously published on October 28, 2015
Imagine this scenario: your client is a contractor, subcontractor or materialman on a construction project. Having completed the work, your client is promptly paid in full. Because of this, your client doesn’t bother to file a mechanic’s lien on the project. However, within 90 days...


HTMLSubcontractors Be Aware - District of Columbia Mechanic’s Lien Recordation Requirements
Andrew N. Felice; Rees Broome, PC;
Legal Alert/Article
November 5, 2015, previously published on Fall 2015
It has long been a challenge to simply record a Notice of Mechanic’s Lien with the District of Columbia Recorder of Deeds office. Recently, that task got even tougher for subcontractors who operate outside of the District of Columbia (i.e., out-of-state subcontractors whose principal place of...


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