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Documents on Government Contracts, Construction
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|Massachusetts Supreme Judicial Court: Economic Loss Doctrine Does Not Apply to Claims for Damage to Condominium Common Areas|
Jason P. Rogers; Hinckley Allen Snyder LLP;
November 28, 2014, previously published on October 30, 2014A recent decision by the Massachusetts Supreme Judicial Court (SJC) has added another twist to the ever-evolving “economic loss doctrine,” a legal rule that ordinarily bars recovering damages for economic loss based on negligence, absent physical property damage or personal injury. In...
|Massachusetts Governor Signs Bill Capping Retainage on Private Projects at 5%|
Jonathan T. Elder; Hinckley, Allen & Snyder LLP;
November 28, 2014, previously published on October 30, 2014On Aug. 8, 2014, Massachusetts Governor Deval Patrick signed into law “An Act Relative to Fair Retainage Payments in Private Construction” (the “Act”). The Act’s primary feature is the establishment of a 5% limit on retainage on private construction projects for which...
|Start Talking, Tom Hagen: Disclosure of Attorney-Client Communications under the Crime Fraud Exception|
Christina A. Fish; Hinckley, Allen & Snyder LLP;
November 28, 2014, previously published on October 30, 2014In the film The Godfather, not even Peter Clemenza could make mafia lawyer Tom Hagen sing about his “special practice” or his “one client.” However, a recent ruling by Judge Saylor of the United States District Court for the District of Massachusetts (part of the First...
|OSHA New Reporting Requirements - Commence January 1, 2015|
Richard D. Wayne; Hinckley, Allen & Snyder LLP;
November 28, 2014, previously published on October 30, 2014On September 11, 2014, OSHA issued new regulations that will change the reporting requirements for workplace injuries and fatalities. These changes will significantly affect contractors. The new reporting requirements become effective on January 1, 2015. (By contrast, OSHA’s existing record...
|Failure to Comply With Prompt Pay Act Trumps Claimed Failure to Perform|
Stanley A. Martin; Duane Morris LLP;
November 17, 2014, previously published on November 3, 2014When a New Jersey public authority failed to comply with the NJ Prompt Pay Act, it was obligated to pay the contractor even though it argued the contractor’s work was defective. That was the decision of the NJ Appellate Division in the case of Aire Enterprises v. Warren County. After...
|How Far Can Quebec’s Public Authorities Go When Evaluating a Contractor’s Performance?|
Yvan Houle; Borden Ladner Gervais LLP;
October 21, 2014, previously published on October 06, 2014The Quebec Government has provided public authorities with a means to evaluate a contractor’s performance on a given project and, where a negative evaluation is issued, the contractor may be barred from responding to any further call for tenders issued by the public authority for the...
|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...