| |
 | |
| Our
Industry Newsletters:
Public
Works and Government Contracting
| |
|
|
City Contract May Not Be Modified Orally or by Course of Dealing, Court Holds
February 21, 2011
Government Contractor Denied Immunity from Katrina Claims – Specifications Not Precise Enough
December 6, 2010
New General Conditions for Virginia State Contracts Shift Risks to Contractors
November 22, 2010
Bid Protest in Best Value Procurement Sustained Because Agency Failed to Deal Openly with Bidder
November 8, 2010
California Supreme Court Clarifies When Contractors Recover from Public Agencies for Failure to Disclose Information
November 1, 2010
Court Opens Door to Challenges of Unsatisfactory Performance Ratings by Federal Contractors
October 11, 2010
Court Harshly Criticizes School District for ‘Favoritism Most Foul’ in Rejecting Bid
September 20, 2010
Federal Contractors Must Report Top Executive Pay and Subcontract Awards Under New Interim Rule
August 23, 2010
Contractor Prevails on $36 Million in Claims Against L.A., Allowed to Seek More Damages from Jury
August 16, 2010
Contractor Barred from Asserting Defenses Because It Failed to Submit Formal Claim to Navy
August 9, 2010
U.S. Agencies Given Wide Discretion to Award Contracts Based on Factors Other Than Price
June 14, 2010
Cumulative Impact Award for Contractor Reversed on Basis of Release Despite 274 Later Extra Work Orders
May 24, 2010
How Non-U.S.-Owned Companies Can Compete for Federal Government Contracts
May 24, 2010
Contractor Allowed to Sue Local Agency for Lost Profits After Bonding Capacity Was Impaired
May 17, 2010
Court Interprets Ambiguous Contract Against U.S. Government, Allows Roofer’s Claim for Extra Work
May 10, 2010
Contractor Recovers from PennDOT for Failing to Coordinate Utility Relocation on Highway Project
March 1, 2010
E-Verify Program to Check Employees of Government Contractors Is Extended
February 22, 2010
Government Contractor Denied Compensation for Work Stoppage Resulting from 9/11 Attacks
January 25, 2010
County Failed to Obtain Builder’s Risk Insurance as Promised, Held Liable for Damage to Contractor’s Work
December 7, 2009
Defective Specifications Result in Equitable Adjustment Despite Government’s Argument that Contractor 'Should Have Known'
November 23, 2009
Government Acted in Bad Faith in Default Termination; Court Awards $17 Million in Damages to Contractor
October 12, 2009
Federal Contractors Obtain No Proprietary Rights to Concepts in Value Engineering Change Proposals, Court Holds
August 17, 2009
Force Majeure Clause Does Not Shield Contractor from Delays Caused by Its Own Supplier, U.S. Court Holds
August 10, 2009
Contractor Allowed to Pursue First Amendment Claim Against City that Refused to Accept Its Low Bid, but Claim Fails After Discovery
June 15, 2009
Obama Signs Bill Broadening Anti-Fraud Laws, Increasing Funds for Fraud Enforcement
May 25, 2009
Line Item Pricing in Government Contracts Is Exempt from Disclosure Under Freedom of Information Act, Court Holds
May 18, 2009
After California's Public Works Shutdown: How to Evaluate Legal Options and Damage Claims
May 4, 2009
Contractor Faces False Claims Act Liability for Payments Made by Iraq’s Coalition Provisional Authority
April 20, 2009
Government Contractors Beware: Stimulus Money Will Bring Heightened Scrutiny of How It Is Spent
April 20, 2009
Caltrans Retentions Waived; More Design-Build Approved; Green Building, Renewables Get a Boost in New California Laws
April 13, 2009
New Tools to Fight Bid Rigging in Public Procurement Issued by Organization of Major World Governments
March 30, 2009
Obama's Government Procurement Reforms to Require Extensive Use of Fixed Price Contracting
March 23, 2009
Requirement to Post 'Beck Notices' Revoked; Government Contractors Now Must Post Labor Rights Notices
March 23, 2009
$50 Million Fraud Penalty Against Contractor on Federal Project Affirmed by Appeals Court
March 2, 2009
$130 Billion for Construction in the Economic Stimulus Bill: Where It Will Be Spent
February 23, 2009
Hardware and Software Can Be Bundled in Bid Package When Sound Reason Is Shown, U.S. Court Holds
January 12, 2009
Strict New Ethics and Reporting Requirements Imposed on Federal Contractors
December 15, 2008
Sub's Failure to Explain Low Labor Productivity Bars Claim for Constructive Acceleration
October 27, 2008
Court Delays Disclosure of Contract Proposals Under Public Records Act Until Negotiations Are Complete
October 20, 2008
Washington State Agency Changes Position and Is Estopped from Enforcing Prevailing Wage Law by Supreme Court
September 8, 2008
Private Financing of Infrastructure in California: Overview of PPP Opportunities and Challenges
September 1, 2008
U.S. Supreme Court Clarifies Proof Needed to Impose False Claims Act Liability on Subcontractors
August 25, 2008
Prequalification in Government Construction Contracts: How It Works, How Disputes Are Resolved
July 28, 2008
Under New Rule, Federal Contractors Can Lose Out on Projects, Be Debarred for Tax Delinquencies
June 23, 2008
Surety's Suit Against Virginia DOT Barred by Sovereign Immunity
May 12, 2008
New California Laws Expand Design-Build Contracting, Tighten Environmental Rules, Limit Indemnity in Homebuilding, Add Notary Requirements
March 24, 2008
Government Cannot Eliminate Performance Options Set Out in Project Specs, Federal Circuit Holds
March 10, 2008
U.S. Court Rejects Constitutional Claims by Contractor Denied Public Works Contract
March 3, 2008
Owner's Progress Inspections Do Not Preclude Rejection of Inspected Work That Fails to Meet Contract Specifications
December 17, 2007
N.Y.'s Prevailing Wage Law Amended to Expand Its Scope and the Obligations It Imposes
November 5, 2007
Contractors Lose Antitrust, RICO, Constitutional Claims in Bidding Disputes, but False Claims Case Allowed to Proceed
October 8, 2007
County Board's Closed Session with Architect Held to Violate Virginia's Open Meeting Law
September 10, 2007
Sub Listed in Contractor's Bid but Substituted Out Not Entitled to Judicial Review, Connecticut Supreme Court Rules
August 6, 2007
Bid Protester Allowed to Recover Higher Attorney Fees Based on Consumer Price Index
May 28, 2007
Constructive Acceleration Claim Denied – Time Extensions Were Prompt Enough; No Undue Owner Pressure
March 12, 2007
New California Laws Authorize More Design-Build, Tighten Licensing Requirements, Extend Solar Incentives, Expand Tire Recycling
March 5, 2007
Freedom of Information Act Request Does Not Bar False Claims Act Suit, 9th Circuit Holds
December 4, 2006
Public Entities May Not Waive Defects in Bids, Louisiana Supreme Court Rules
November 27, 2006
Specifications Do Not Limit Size of Recovery but Do Bar Some Bases for Claims, Oklahoma Supreme Court Rules
November 20, 2006
Contractor Recovers on Extra Work Claim After Owner's Plans Found to Be Ambiguous
October 30, 2006
Unabsorbed Home Office Overhead – Making a Prima Facie Case for Entitlement to Recovery Under Eichleay
August 28, 2006
Failure to Click ‘Submit’ Button Dooms Online Low Bid
August 7, 2006
Cost Increases for Construction Materials – An Overview of the Legal Issues
July 31, 2006
Federal Agency Allowed to Use Online Reverse Auction for Procurement
July 24, 2006
Appeals Court Abrogates McMullan Presumption – Schedule Extension No Longer Raises Presumption of Government-Caused Delay
June 26, 2006
Only Prime Contractor, Not Subcontractor, Has Authority to Withdraw Mistaken Bid in California
May 22, 2006
New California Laws Allow More Design-Build; Encourage Recycling; Tighten Licensing, Home Improvement Laws
April 17, 2006
Court of Federal Claims Has Jurisdiction to Hear Protest of SBA Size Standard Determination
April 10, 2006
Contractor Recovers for Constructive Acceleration After Receiving Insufficient Time Extensions
March 6, 2006
Montana School District Faces Liability to Workers for Failing to Require Contractors to Comply with Prevailing Wage Laws
December 5, 2005
Federal Contractor Cleared of False Claims Act Charges Based on Allegations of Intentional Underbid
November 7, 2005
Contractor Denied Lost Future Profits Despite Wrongful Termination by Project Owner
September 12, 2005
Time for Appeal Runs from Actual Receipt of U.S. Contracting Officer's Final Decision Rejecting Claim
August 8, 2005
Conspiracy Conviction in International Bid-Rigging Scheme Upheld
July 11, 2005
6% Limitation on Design Services Upheld, and Failure to Estimate Construction Costs Results in U.S. Contract Being Found Void
May 30, 2005
Contract's Notice Requirements Strictly Enforced, Recovery Denied by Washington Supreme Court
May 2, 2005
No-Damage-for-Delay Clause in Public Contract Held Unenforceable Under Virginia Statute
April 11, 2005
The Government's Administrative Hammer: Suspension and Debarment from Federal, State and Local Contracting Programs
March 28, 2005
Colorado Contractors' Tort Claims Against Engineer, Inspector Barred by Economic Loss Rule on Basis of Indirect Contracts
January 31, 2005
Government Contractors Have Patent Rights to Their Inventions – But Only If Proper Notices Are Given; Campbell Plastics Decision Upheld
January 24, 2005
New York Provides Some Relief for Steel Price Increases
January 17, 2005
General Disclaimer on Design Drawing Does Not Shift Risk for Design Defect to Contractor
November 29, 2004
Owner's Accord and Satisfaction Defense Fails When Change Order Proposal Assumed Constant Work Conditions and Conditions Varied
November 22, 2004
Court Will Not Enforce Mistaken Bid that Was Fraudulently Accepted by School District
November 8, 2004
Texas Supreme Court Holds that Prime Contractor May Pursue Owner on Pass-Through Claim
October 11, 2004
N.Y. Governor Signs Lien Law Amendment Protecting Contractors and Subcontractors on Public Projects
September 20, 2004
Design-Build Contracts as an Alternative Method for Public Construction by California Cities
August 30, 2004
Subcontractor May Use Total Cost Method in Miller Act Case
August 23, 2004
Colorado Owner's Claim Against Contractor Defeated by Inability to Allocate Damages and by Economic Loss Rule
August 2, 2004
California Public Works Contractors Get Some Protection for Work Performed After Bid Disputes
June 21, 2004
Anti-Deficiency Act Does Not Bar Enforcement of Open-Ended Indemnification Clause Against U.S.
June 7, 2004
What It Is Like to Be a U.S. Government Contractor – An Overview of Federal Contracting Laws and Procedures
May 31, 2004
Surety on Public Works Payment Bond Must Pay Attorney Fees Incurred by Prevailing Claimant Even Though Bond Principal Was Not Liable for Them
May 3, 2004
Underground Contractor Permanently Debarred by City of San Diego
March 15, 2004
Contractor Could Not Recover for Excessive Obstructions at Port of New Orleans When Contract Created a Duty to Investigate
February 23, 2004
New California Legislation Changes Lien, Defect, Licensing, Public Contracting Laws
February 9, 2004
Local Government Agencies May Be Sued Under the False Claims Act
January 12, 2004
Requirements for Eichleay Claims Clarified in 2 Court of Appeals Decisions
December 15, 2003
Timeliness Crucial When e-Bidding for Federal Contracts, Recent Bid Protests Show
October 27, 2003
New York Requires New Disclosures from Non-Competitive Bidders
September 22, 2003
Due Process on Public Works Projects: The Rights of Contractors When They Are Found Ineligible to Perform the Work
September 8, 2003
The Impact of Homeland Security on the Construction Industry
June 23, 2003
Binding Contract Created When Iowa County Accepted Bid and Sent Letter Informing Contractor of the Award
June 16, 2003
Contractor's Letter Demanding a Change Order Repudiates Contract, Barring Claim for Breach
May 5, 2003
New California Legislation and Regulations Affecting the Construction Industry
February 3, 2003
New Jersey Contractor Avoids Loss from Unbalanced Bid
October 14, 2002
Federal Contractor's Invoice for 99.99% of Contract Balance Is Not a Request for Final Payment; Release of Claims Not Required for Payment
September 16, 2002
Claim Cannot Be False When the Government Knows the Facts and Approves
August 5, 2002
Contractor Failed to Show that City's False Claims Cross-Complaint Infringed on Rights of Petition or Speech
May 27, 2002
Utah Contractor Must Bring Claim Against Florida County in Florida
May 27, 2002
‘Best Value’ Procurement: How Federal and State Governments Are Changing the Bidding Process
April 29, 2002
Void Contract Rule Does Not Require Refund of Change Order Paid to South Dakota Public Works Contractor
April 22, 2002
Newspaper Gets Access to Contractor's Cost Records for Public Works Project Under Ohio Public Records Act
March 25, 2002
COMMENT: Amelco and What It Means to Total Cost and Abandonment Claims
March 11, 2002
Public Works Contractor Cannot Claim Abandonment of Contract and Failed to Prove Entitlement to Total Cost, California Supreme Court Rules
February 18, 2002
New Payment Security, Licensing Laws for California Owners, Contractors, Architects, Engineers
January 7, 2002
N.Y. Subcontractor Denied Right to Assert Lien Claim Against Public Improvement Leased to Private Entity
November 19, 2001
Reflections on Changed Conditions – A Global View
November 5, 2001
False Claims Act Applies to Misrepresentations in Catalog Issued by Pipe Manufacturer
June 25, 2001
Use of Mechanical Contractors' Factors to Prove Productivity Claim Approved
June 18, 2001
Subcontractor May Pursue Claim for Breach of the Implied Covenant of Good Faith and Fair Dealing in Contract but May Not Pursue a Cardinal Change Theory
June 11, 2001
Indian Tribe Waived Sovereign Immunity by Agreeing to Arbitration in AIA Contract
June 11, 2001
Model Pre-Qualification Forms Issued for California Public Works Projects
June 4, 2001
Texas Supreme Court Holds that Contractors May Not Sue the State for Breach of Contract Absent the Legislature's Consent
May 21, 2001
State Agency Does Not Violate Due Process by Withholding Prevailing Wages and Penalties Without a Hearing
May 21, 2001
Termination for Default Justified If Contractor Does Not Respond to a Well-Founded Notice to Cure
April 9, 2001
Successful Productivity Claim Supported with Mechanical Contractors' Factors
February 12, 2001
Default Termination Converted to One for Convenience Based on U.S. Government Bad Faith
January 22, 2001
New California Laws Affecting Contractors, Architects, Engineers – Summarized
January 8, 2001
N.Y. Mechanic's Lien Law Bars Recovery for Work for Private Developer When Public Benefit Corporation Owns Underlying Land
January 8, 2001
Oregon Court of Appeal Rejects Attack on Award of Light Rail Project Without Competitive Bidding
December 11, 2000
Federal Government May Sue States for Indemnity Without Violating Their 11th Amendment Immunity
December 4, 2000
Federal Court Finds Current DBE Programs Do Not Deny Equal Protection
November 20, 2000
Contractor May Not Be Debarred Without a Due Process Hearing
November 13, 2000
THE GROVE REPORT: Key Terms of 12 Leading Construction Contracts Are Compared and Evaluated for Hong Kong Study
November 6, 2000
Trucking Company That Delivered Fill to Job Site Is Entitled to Enforce Stop Notice
November 6, 2000
Contractor Loses Protection of the Government Contractor Immunity Doctrine When It Performs Its Work Negligently
August 28, 2000
Courts in Three States Decide Liability of Architects, Public Owners for Defective or Non-Existent Payment Bonds
July 3, 2000
Individual Has Standing to Sue Under the False Claims Act, but the Act Does Not Authorize an Action Against a State
July 3, 2000
Disappointed Bidder May Recover Bid Preparation Costs But Not Lost Profit
June 26, 2000
Contractor's Claim Barred by Failure to Give Notice
June 19, 2000
Protesting Your Own Low Bid – A New Necessity?
June 12, 2000
Prime Contractor Is Liable for State Unemployment Taxes of Unlicensed Subcontractor Even on a Federal Project
May 1, 2000
Use of Project Labor Agreement Approved
April 2000
Legislature Has a Y2K Problem – Which It Has Shared with the Construction Industry
January 2000
Important New Laws Regarding Prequalification on California Public Works Projects
January 2000
New Accounting Rules Require States, Local Governments to Track Value of Their Infrastructure
June 1999
Infrastructure Management Contracts: New IRS Allow Long-Term Management Agreements for Public Facilities Without Losing Favorable Tax-Exempt Financing
January 20, 1997
New California Law Authorizes Local Governments to Enter into Infrastructure Privatization Agreements Without Competitive Bidding
January 1997
| |
|
|
