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Documents on Government Contracts, Construction
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|Temporary Staffing Agencies May Require Contractor Licensure, Depending Upon Project Location, and the Answer in Virginia Remains Unclear|
Gretchen M. Ostroff; Vandeventer Black LLP;
February 24, 2016, previously published on February 1, 2016Virginia’s contractor licensing requirements do not specifically address licensure of temporary staffing agencies; but several other states with similar licensing requirements have held that temporary staffing agencies must be licensed as contractors if they supply laborers to construction...
|Defense to Government Position is Not a Claim Subject to Contract Disputes Act|
Stanley A. Martin; Duane Morris LLP;
March 13, 2015, previously published on January 29, 2015The government claims a contractor's work is defective. The contractor says in defense that problems are due to design deficiencies and not construction errors. Is the contractor's position a "claim" subject to the Contract Disputes Act (CDA)? The U.S. Federal Court of Claims says no.
|Bidding and Performing Public Works Contracts in Other States|
Todd M. Heffner; Smith, Currie & Hancock LLP;
January 8, 2015, previously published on December 10, 2014Working in a new state can present many new opportunities, but it also comes with many challenges. You cannot assume that the new state’s laws will be identical to your own. Some issues that might come up include: registration and licensing requirements, anti-indemnity statutes, bonding and...
|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...
|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...
|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...
|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...
|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...