Doreen Zankowski

Doreen Zankowski

Saul Ewing LLP

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Latest Publications


Attorney General Crackdown on DBE/MBE Representations in Subcontracts

The Massachusetts Attorney General is taking action to ensure that general contractors working on public construction are complying with state requirements to use DBE/MBE subcontractors....more

10/9/2015 - Attorney Generals Construction Contracts DBE Program DBE/MBE False Claims Act Federal Contractors Minority-Owned Businesses Public Projects Subcontractors Women-Owned Businesses

Construction Law Advisory - August 2015

Pennsylvania’s Contractor and Subcontractor Payment Act (“CASPA”) is a powerful tool for contractors and subcontractors to ensure that they receive prompt payment for their work and may entitle them to expansive remedies,...more

9/3/2015 - American Arbitration Association Arbitration CASPA Competitive Bidding Construction Industry Contractors Department of Transportation DOT Enforcement Actions Government Contractors Inside Information Joinder Mediation Natural Gas P3s PA Supreme Court Prompt Payment Public Projects Subcontractors Telecommunications Wireless Industry

Public Bid Rejected Based on Access to Inside Information

The Massachusetts Office of the Attorney General (“AGO”) this month denied a bid protest by a low bidder because it had access to “insider knowledge” about the University of Massachusetts building project through its...more

8/29/2015 - Attorney Generals Bid Protests Bids Conflicts of Interest Inside Information Public Contracts

Saul Ewing Top Ten Construction Clauses: Substantial Completion

Substantial completion is described in AIA Document A201™-2007 as “the stage in the progress of the Work when the Work or designated portion thereof is substantially complete in accordance with the Contract Documents so that...more

8/27/2015 - Architects Construction Contracts Construction Industry General Contractors Occupancy Permits Substantial Completion

Top Ten Construction Clauses: Change Orders and Change Directives

Construction contracts typically provide for changes in the scope of work through change orders, construction change directives and orders for minor changes. AIA Document A201-2007 and the ConsensusDocs Standard Agreement...more

7/2/2015 - AIA Construction Forms Construction Contracts Construction Industry Contract Drafting Contract Terms Contractors

Construction Law Advisory - May 2015

In This Issue: - Beware of penny bidding: Contractors could be stuck footing the bill for differing site conditions - Pennsylvania Supreme Court weighs whether good faith refusal to pay is a factor in awarding...more

5/5/2015 - Arbitration Attorney's Fees Competitive Bidding Construction Contracts Construction Industry Construction Site Contractors General Contractors New Legislation P3s PA Supreme Court Public-Private Partnerships Site Condition Claim

Top Ten Construction Clauses - The Differing Site Conditions Clause

This clause is intended to address equitable adjustments to contract clauses when site conditions are different than anticipated under the contract terms. AIA Document A201-2007, General Conditions ¶3.7.4 provides that if the...more

5/1/2015 - AIA Construction Forms Construction Industry Contract Terms Contractors General Contractors Site Condition Claim

TOP TEN Construction Clauses - The “Work” Clause

This clause defines the scope of work in a construction project and the definition varies by source. For instance, American Institute of Architects Document A201-2007 defines "Work" as "construction and services required by...more

3/25/2015 - Construction Contracts Construction Industry Contract Disputes Contract Drafting Contractors General Contractors

Construction Law Advisory - December 2014

In This Issue: - Retainage limited to 5 percent in Massachusetts: Outlier or coming to your state? - Pennsylvania overhauls mechanic’s lien law with creation of state construction notices directory -...more

12/22/2014 - Bid Protests Construction Industry Construction Project Federal Contractors General Contractors Mechanics Lien Public Projects Retainage Subcontractors

Supreme Court rules that statutes of repose may bar state tort claims under CERCLA

On June 9, 2014, the United States Supreme Court, in CTS Corp. v. Waldburger, ruled that an individual state’s statute of repose is not preempted by the Comprehensive Environmental Response, Compensation, and Liability Act of...more

6/13/2014 - CERCLA Contaminated Properties CTS v Waldburger Environmental Liability Environmental Policies Hazardous Substances SCOTUS Statute of Limitations Statute of Repose Water

New Workforce Regulations for Federal Government Contractors About to Take Effect

On November 19, 2013, the Associated Builders and Contractors (“ABC”) filed a lawsuit seeking to prevent the implementation of new federal regulations affecting employers with more than 50 employees and with more than $50,000...more

11/25/2013 - Affirmative Action Compliance Contractors Disability Federal Contractors OFCCP Rehabilitation Act Veterans Vietnam Era Veterans’ Readjustment Assistance Act

Beware of Payments to Contractors and Subcontractors under Assignment Agreements

In a decision under the Uniform Commercial Code (“UCC”) that could apply in any state, the Massachusetts Supreme Judicial Court (“Court”) ruled this month that when a general contractor agrees to an assignment of payments to...more

3/29/2013 - Assignments Contractors Subcontractors

Federal Sequester Likely to Affect Construction Industry

Continued budget cuts likely will trigger construction issues and disputes in the coming months and years. As a result, contractors should take precautions on federally funded construction projects. ...more

3/13/2013 - Sequestration Spending Cuts

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