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Documents on Government Contracts, Construction
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|Subcontractors Beware: An Agreement to Sponsor an Appeal May No Longer Be Enough|
Taft Stettinius Hollister LLP;
October 9, 2014, previously published on September 26, 2014The 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...
|Court 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;
October 7, 2014, previously published on September 30, 2014The 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...
|State Payment Bond Statutes: Navigating "Little Miller Acts"|
Stephen J. Kelleher; Smith, Currie & Hancock LLP;
October 2, 2014, previously published on October 1, 2014Contractors 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...
|OFCCP Notice of Proposed Extension of Record-Keeping Requirements for Construction Contractors|
T. Scott Kelly, Samantha K. Smith; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
September 11, 2014, previously published on September 8, 2014On 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...
|Discretionary Protection - State Bonding Requirements in P3 Projects|
Vianney Lopez; Smith, Currie & Hancock LLP;
August 25, 2014, previously published on August 19, 2014Public-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...
|Is 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;
August 25, 2014, previously published on August 12, 2014Is 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...
|Texas 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;
August 21, 2014, previously published on August 2014In 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...
|SBA Increases Small Business Size Standards for Businesses in Numerous Industries, Including Construction|
Edward T. DeLisle, Maria L. Panichelli; Cohen Seglias Pallas Greenhall & Furman PC;
August 11, 2014, previously published on July 31, 2014If 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...
|City of Quincy, Massachusetts Bidding Requirements Pre-empted by Federal Law|
David P. Ray; Bernstein Shur;
July 22, 2014, previously published on July 18, 2014In 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...
|Contract's Notice Provision Bars Claim for Extra Work|
James K. Bidgood, Jay R. Houghton, Joseph Young; Smith, Currie & Hancock LLP;
July 22, 2014, previously published on July 7, 2014The 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....