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Opinion—The U.S Supreme Court Ruling in Epic Systems v. Lewis is Victory for Business, Setback for Organized Labor
By Don Wallis. The Court reaffirms the intended purpose of the Federal Arbitration Act. The 1925 Federal Arbitration Act (FAA) was crafted to allow litigants with a mechanism for resolving disputes that is less time consuming and less expensive th
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Complying with Rules for P3s for Public Transportation Projects is Now Easier
The new FTA Rules are similar to the Federal Highway Administration procedures The Federal Transit Authority has issued its “’Private Investment Project Procedures, (PIPP), designed, as John Smolen explains in an article NOSSAMAN’s INFRA INSIGH
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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
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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
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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
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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
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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
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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
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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