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Documents on Government Contracts, Construction

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HTMLContract's Notice Provision Bars Claim for Extra Work
James K. Bidgood, Jay R. Houghton, Joseph Young; Smith, Currie & Hancock LLP;
Legal Alert/Article
July 22, 2014, previously published on July 7, 2014
The United States Court of Federal Claims recently held that a contractor’s claim for additional compensation for a change should be denied because the contractor failed to satisfy its contract’s written notice requirements. K-Con Building Systems, Inc. v. The United States, 114 Fed....


HTMLCity of Quincy, Massachusetts Bidding Requirements Pre-empted by Federal Law
David P. Ray; Bernstein Shur;
Legal Alert/Article
July 22, 2014, previously published on July 18, 2014
In a case just decided by the First Circuit Court of Appeals in Boston, the Court has concluded that a City of Quincy, Massachusetts ordinance requiring bidders on municipal projects in the city to engage in a specific type of apprentice training program violated the Federal Employment Retirement...


HTMLFederal Circuit Provides Guidance on Differing Site Conditions Claims and Broadens the Scope of the Implied Covenant of Good Faith and Fair Dealing
Kirk J. McCormick; Hinckley, Allen & Snyder LLP;
Legal Alert/Article
June 20, 2014, previously published on June 18, 2014
A recent decision by the Federal Circuit Court of Appeals represents a major triumph for contractors pursuing certain types of claims against the Federal Government. In Metcalf Construction Co. v. United States, 742 F.3d 984 (Fed. Cir. 2014), the Federal Circuit reinforced the principles underlying...


HTMLUndisclosed Billing on Public Contracts May Turn “Cost Plus Fee” into “Cost Plus Fines”
Jonathan T. Elder; Hinckley, Allen & Snyder LLP;
Legal Alert/Article
June 20, 2014, previously published on June 18, 2014
A recent settlement between a large construction management firm and the FBI is the latest reminder that when doing business with a public awarding authority - state or federal - anything less than full transparency is likely to result in serious trouble. A recent unwitting student of this hard...


HTMLObama Administration Proposes to Give States Broad Authority to Toll Existing Interstates to Generate Revenue for Transportation Purposes
George K. Miller, David Narefsky, John R. Schmidt, Joseph Seliga; Mayer Brown LLP;
Legal Alert/Article
May 5, 2014, previously published on April 30, 2014
In a major policy shift with potentially large implications for US infrastructure public-private partnership (“PPP”) activity, the Obama administration has proposed to change federal law to give US states broad authority to put tolls on existing interstate highways to provide funding...


Adobe PDFPreliminary Development Agreement: An Innovative Method of Streamlining P3 Procurements in Social Infrastructure
Joshua A. Levy, Frank M. Rapoport; Peckar & Abramson A Professional Corporation;
Legal Alert/Article
May 2, 2014, previously published on April 2014
Within the last decade, Public-Private Partnerships (P3s) have played an increasingly crucial role in the construction and renovation of transportation and utility infrastructure. On the other hand, P3s have not been as popular a procurement method for social infrastructure projects such as...


HTMLSabine Pass LNG Files Monthly Construction Status Report
Sutherland Asbill Brennan LLP;
Legal Alert/Article
April 25, 2014, previously published on April 22, 2014
Sabine Pass LNG filed a report with FERC covering construction activities through March 2014 at its LNG export terminal in Cameron Parish, La. Stage 1 (liquefaction trains 1 and 2) engineering is 96.0% complete, procurement is 94.6%, and subcontract and direct hire construction work are 37.7% and...


HTMLVirginia Procurement: Low Bidder vs. Best Value
Jordy Murray; Rees Broome, PC;
Legal Alert/Article
April 25, 2014, previously published on Winter/Spring 2014
Except for certain enumerated exceptions, competitive sealed bidding is generally the only available method for Virginia’s department and agencies to procure goods and services, including construction services.


HTMLHouse Small Business Committee Approves Two Bills Designed to Help Small Business Contractors
Edward T. DeLisle, Maria L. Panichelli; Cohen Seglias Pallas Greenhall & Furman PC;
Legal Alert/Article
April 22, 2014, previously published on April 7, 2014
A little over a month ago, Rep. Sam Graves, Chairman of the House Committee on Small Business, introduced a pair of bills designed to increase the participation of small business contractors in federal contracting.


HTMLProposed Rule to Expand Regulation of Contractor Personal Conflicts of Interest
Casie E. Hollis, Suzanne Sumner; Taft Stettinius & Hollister LLP;
Legal Alert/Article
April 21, 2014, previously published on April 7, 2014
On April 2, 2014, the Department of Defense, NASA and the U.S. General Services Administration issued a proposed rule that would amend the existing conflict of interest FAR rules to cover all functions that are closely associated with “inherently governmental functions” and personal...


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