Opinion—Steel Tariffs Will Hurt the Construction Industry

By Don Wallis The tariffs will increase the cost of federal infrastructure projects. There is no question that China’s trade practices are unfair to American exporters. President Trump’s response to this situation has been to propose imposing ret

A Decision Has Been Reached in Longest False Claim Act Suit in U. S. History

It’s not over yet; this decision is likely to be appealed to the California Supreme Court. In 1984 Parsons Corp. was hired by the Los Angeles Metropolitan Transit Authority (MTA) to manage construction of 16.4 miles of subway line at a cost of $365

The False Claim Act Protects the Government from Fraudulent Billing and Certifications

Individuals can file suit on behalf of the government under the Act. The False Claim Act (FCA) is designed to protect the federal government from fraudulent practices by government contractors. The Attorney General can file suit against contractors w

More on the Clean Water Rule’s Legal Status

A summary of the legal maneuvering to date. A recent article in the Perkins Coie California Land Use & Development Law Report by Jacob Aronson and Marc Bruner provides an excellent summary of recent court decisions and legal maneuvering related t

“Prejudice Requirement” for Buy-Back Endorsement Affirmed in Kansas

Kansas court rejects U.S. Court of Appeals Fifth District rulings. HDI Global Insurance Co. issued a general liability policy to PetroSantander (USA), Inc. that included “a limited pollution liability buy-back endorsement …” According to an art

CSC Call For Presentations – Deadline Approaching

Atlanta – Kevin Gaffney, director, Construction SuperConference, “The Construction SuperConference plans its educational content to comply with the accreditation requirements accepted by most major credentialing organizations, which allow for

Opinion—Our Ambivalence Toward President Trump

By Don Wallis. Mr. Trump’s personal actions overshadow his political accomplishments. Peggy Noonan, in an article in the March 10-11, 2018, edition of THE WALL STREET JOURNAL titled Over Trump, We’re as Divided as Ever, poses the question—Why d

“Look Back” Rule for OSHA Violations is Not Absolute

A recent Second Circuit ruling give OSHA increased discretion in applying the “look back” rule. OSHA’s Field Operations Manual indicates that OSHA officials may “look back” five years when determining whether a company is a repeat violator

Reasonable Interpretation of Overall Contract Language Determining Factor in Contract Enforcement

A typographical error in a heading is not enough to void an entire clause. There are a number of standards a court can apply when interpreting the meaning of a contract. One is the actual wording, and sometimes punctuation, of the contract. Another i