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 concerning whether the subcontractor is owed the amount it claims. The issue before the California Supreme […]

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 recent Florida Supreme Court case examines the question of whether the word “suit” in a contract requires the insurer […]

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 demonstrates that there are, however, limits to the leeway courts will provide the EPA. Last month […]

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 construction market. Participants represent all segments of the industry. With more than 400 people in attendance, you’ll connect with qualified executives looking […]

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 guarantee a job to anyone who wants one, at $15 an […]

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 less than ideal. Often a low bid is the result of poor estimating or the use of […]

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 difficult to obtain the information about the successful bid required to determine whether the selection process was above-board. […]

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 discussing Latham Company, Inc. v. State Dept. of Education, 2017 WL 6032333 (Louisiana 2017), outlines the continuing erosion of the economic loss doctrine in Louisiana. Traditionally, the economic loss doctrine has protected architects and engineers from suits […]

Builders’ Legal Conference Features Innovations for Commercial Construction Market

“Construction SuperConference is an inspiring, interactive platform that showcases the latest innovation in the construction market”, says Conference Director Kevin Gaffney. Participants represent all segments of the industry. With more than 400 people in attendance, you’ll connect with qualified executives looking to grow their company. Scheduled for Dec. 10-12 at the Encore at Wynn Hotel, sponsoring […]

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 retaliatory tariffs on steel and aluminum imported from China, and other countries. In the long-term, this may even […]

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 million. The Red Line project was completed in 2000; on-time and […]

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 who falsify their billings or their certifications. Matthew DeVries, in an article in BEST PRACTICES CONSTRUCTION LAW, […]

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 to the validity of the 2015 Clean Water Rule. The language of the Clean Water […]

“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 article in the Traub Lieberman Straus &Shrewsberry Insurance Law Blog, the policy provided “coverage for pollution incidents of a limited […]