California Supreme Court Clarifies the Use of Good Faith Withholdings in Payment Disputes

The Legislative intent of prompt payment statutes must be taken into account. Both common law and statutory law prompt payment provisions allow a prime contractor to withhold payment to a subcontractor if there is a legitimate, good faith, issue conc

What Constitutes a “Suit” in Commercial General Liability Policy Coverage?

The Florida Supreme Court provides an expansive meaning for “suit” Insurance carriers have been arguing with contractors over coverage terms under Commercial General Liability Policies for as long as these policies have been written. A relatively

The EPA Held to the Same Evidentiary Standards as Petitioners

Washington, D.C., court finds EPA ruling is arbitrary and capricious For many years federal courts have given the Environmental Protection Agency the benefit of the doubt in appeal cases. A recent article by Seth Jaffe in Law and Environment.com demo

CSC Brings Connection with Top Construction, Legal Executives in the Business

Sponsoring the Construction SuperConference is an great way for companies to connect with industry leaders and extend their reach. Construction SuperConference (CSC) is an inspiring, interactive platform that showcases the latest innovation in the co

Opinion—Guaranteed Jobs for all Americans Who Want to Work

By Don Wallis   A controversial idea worth considering. Greg Ip, in an opinion piece in the May 3, 2018, edition of THE WALL STREET JOURNAL, titled Right to a Job Comes With a Catch, discusses a proposal by Senator Bernie Sanders that “would guara

Philadelphia Adopts “Best Value” Procurement for Construction Projects

This is another innovation in the bidding process designed to improve quality in government projects. It is probably reasonable to assert that everyone in the construction and development industries agrees that awarding projects to the low bidder is

Department of Defense Post-Award Contractor Debriefing Procedures Revised

The revised rules make it easier for contractors to determine whether to file an appeal. The Department of Defense (DOD) bidding process allows for appeals by unsuccessful bidders. These appeals, however, can be expensive and it’s sometimes difficu

Economic Loss Protection is Further Reduced in Louisiana

A contractor can hold a construction manager liable for its losses. J. Kent Holland Jr.’s article at constructionrisk.com discussing Latham Company, Inc. v. State Dept. of Education, 2017 WL 6032333 (Louisiana 2017), outlines the continuing erosion

Deadline Requirements for FERC Pipeline Public Participation Application Reviews Now Stricter

Late applications will no longer be accepted. The Federal Energy Regulatory Commission (FERC) approves applications for pipeline construction. Like many federal agency actions, the public is given a specific time period in which to comment on new or