Local School Board Can Render a Contract Void because it Exceeded Its Statutory Authority

There was no legal recourse for the contractor who entered into the contract with the School Board. Contractors working for governmental agencies, more often than not, are at a disadvantage when legal disputes arise. A Virginia case provides yet another harsh lesson for contractors that reinforces the need to have all contracts, especially government contracts, […]

The Faulty Work of a Subcontractor is Probably a Covered “Occurrence” in New York

The Tenth Circuit interprets contractual language in favor of the policy holder. The U.S. Court of Appeals for the Tenth Circuit recently ruled that the New York Court of Appeals would find that damage to a project caused by a subcontractor’s accidental actions constitutes damage to a third party’s property and is a compensable claim […]

Massachusetts Court Finds There is No Coverage for Preventative Maintenance

The court rejected the plaintiff’s argument that the contract contained ambiguous language that would allow coverage. Traub Lieberman Straus & Shrewsberry’s blog contains a discussion of the Court’s decision in Roche Bros. Supermarkets, LLC v. Continental Cas. Co., 2018 Mass. Super.LEXIS 81, a Massachusetts case in which the insured argued that it’s all risk commercial […]

Construction SuperConference Announces Keynote Speaker

Rich Karlgaard, an entrepreneur-turned-publisher, columnist, author, television commentator, private investor and board director, brings his unique perspective on the trends driving the business and investment climates. His insights help audiences see the global marketplace with new eyes. Rich Karlgaard is the publisher of Forbes magazine, where he writes a biweekly column known for its witty […]

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 INSIGHT BLOG, “to promote flexibility, funding, innovation, efficiencies and timely implementation” of public, private partnerships (P3s) in its projects. The FTA’s […]

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. […]