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Documents on Government Contracts, Construction
 

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HTMLSubcontractors Beware: An Agreement to Sponsor an Appeal May No Longer Be Enough
Taft Stettinius Hollister LLP;
Legal Alert/Article
October 9, 2014, previously published on September 26, 2014
The Armed Services Board of Contract Appeals’ (“ASBCA”) jurisdiction is limited by law to prime contractors. For the ASBCA to exercise jurisdiction over a subcontractor’s claim, a subcontractor’s appeal must be sponsored by the party in privity with the United States...

 

HTMLCourt of Appeal Issues Decision Clarifying the Applicability of Prevailing Wage Law to Offsite Fabrication of Materials
Rebecca Chaparro, Tyree K. Dorward; Best Best & Krieger LLP;
Legal Alert/Article
October 7, 2014, previously published on September 30, 2014
The California Court of Appeal has ruled that fabrication of materials for a public works project is not subject to California’s prevailing wage law if it occurs at a “permanent, offsite manufacturing facility, the location and existence of which is determined wholly without regard to...

 

HTMLState Payment Bond Statutes: Navigating "Little Miller Acts"
Stephen J. Kelleher; Smith, Currie & Hancock LLP;
Legal Alert/Article
October 2, 2014, previously published on October 1, 2014
Contractors working on public contracts may perform for a number of public owners across a variety of jurisdictions. While it is always prudent for a contractor to know the contractual requirements of each jurisdiction, it is even more important to do so when crossing state lines. All states have...

 

HTMLOFCCP Notice of Proposed Extension of Record-Keeping Requirements for Construction Contractors
T. Scott Kelly, Samantha K. Smith; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 11, 2014, previously published on September 8, 2014
On September 2, 2014, the Office of Federal Contract Compliance Programs (OFCCP) published in the Federal Register a proposed renewal of the current record-keeping, notice, and reporting requirements imposed by Executive Order 11246 for federal construction contractors and subcontractors. The...

 

HTMLDiscretionary Protection - State Bonding Requirements in P3 Projects
Vianney Lopez; Smith, Currie & Hancock LLP;
Legal Alert/Article
August 25, 2014, previously published on August 19, 2014
Public-private partnerships (“P3s”) have become an increasingly popular procurement method for public projects. P3s refer to the partnership between a public government agency—which can be federal, state, or local—and a private entity. The private entity’s role in...

 

HTMLIs the End Near for Race-Conscious Contracting Programs? Federal Contractor Challenges the 8(a) Minority Business Development Program
Edward T. DeLisle, Kayleen Egan, Maria L. Panichelli; Cohen Seglias Pallas Greenhall & Furman PC;
Legal Alert/Article
August 25, 2014, previously published on August 12, 2014
Is the Small Business Administration’s (“SBA”) minority business development program, also known as the “8(a) Program” unconstitutional? The legality of the program has been a hot topic of debate over the year, most recently due to a significant DC District Court...

 

HTMLTexas Supreme Court Applies Economic Loss Rule to Limit Tort Claims by Contractors Against Owner's Design Professionals
Scott W. Cowan, Christopher H. Domingo, Daniel D. McMillan, Andrew D. Ness, J. Laurens Wilkes; Jones Day;
Legal Alert/Article
August 21, 2014, previously published on August 2014
In a June 20 decision, the Texas Supreme Court applied the economic loss rule to preclude a direct claim for negligent misrepresentation by a construction contractor against an owner's architect based on flawed design documents. LAN/STV v. Martin K. Eby Constr. Co., No. 11-0810, 2014 Tex. LEXIS...

 

HTMLSBA Increases Small Business Size Standards for Businesses in Numerous Industries, Including Construction
Edward T. DeLisle, Maria L. Panichelli; Cohen Seglias Pallas Greenhall & Furman PC;
Legal Alert/Article
August 11, 2014, previously published on July 31, 2014
If you participate in federal government procurement programs, either as a prime contractor or as a subcontractor, listen up! Your small business size status may have changed on July 14, 2014 as a result of an interim rule issued by the Small Business Administration (SBA). The rule increased...

 

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...

 

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....

 


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