LATEST NEWS

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 constructionrisk.com 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 […]

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 attendees to obtain MCLE credits.” The Construction SuperConference is now accepting proposals for the annual event to be held on Dec. 10-12, 2018, in Las Vegas, […]

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 do sensible centrists and moderates who have accomplished and successful business careers continue to have such strong […]

“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 of OSHA requirements. This is a critical determination because the penalties for repeat violations are greater than those […]

OSHA’s Silica Rule Upheld by D.C. Court of Appeals

The respirable crystalline silica exposure rules remain in effect, for now. OSHA began enforcing stricter requirements for limiting exposure to airborne respirable crystalline silica in September 2017. “The new rule lowers the permissible exposure limit (PEL) for silica to fifty micrograms per cubic meter … from the previous construction standard of 250 micrograms per cubic […]

California Aggressively Pursues Hazardous Waste In Dumpster Violations

This is a cautionary tale for contractors The California Attorney General, in conjunction with local State District attorneys, spent two years inspecting the material deposited in dumpsters of Home Depot stores for illegally discarded hazardous waste material. Kerry Shea’s article in Energy & Environmental Law Blog reports that the penalties exacted against Home depot are […]