General Business Government Contracting

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Tips on Avoiding the Unsettling Results of a Poorly-Drafted Settlement Agreement

Well done! Through your reasoned approach and powers of persuasion, you have managed to resolve the pending contract dispute on your own, and thus have avoided that costly telephone call to the litigator in your attorneys’...more

Successful Planning and Exit Strategies for Government Contractors in 2015 and Beyond

In This Presentation: - How To Position Your Business To Reap The Benefits Of A Liquidity Event - How To Position Your Business To Reap (Internal Review And Check-Up) - Strategic And Structuring...more

Contractor and Subcontractor Payment Act Not Applicable to Public Works Project

In a decision issued last week in Clipper Pipe & Service, Inc. v. Ohio Casualty Insurance Company, the Pennsylvania Supreme Court concluded that the Contractor and Subcontractor Payment Act, 73 P.S §§ 501-516 (CASPA) does not...more

New Human Trafficking Rules: Broad Scope, Uncertain Application

Contractors already have begun to notice the inclusion of the new human trafficking FAR contract clause, required to be incorporated into all new federal government contracts. The rule imposes affirmative duties on federal...more

Excess and Surplus Lines Laws in the United States: Including Direct Procurement Tax Laws and Industrial Insured Exemptions

Preface: States’ Implementation Of NRRA In 2014: The Nonadmitted and Reinsurance Reform Act (“NRRA”) came into effect on July 21, 2011 as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The...more

[Webinar] How EU Companies Can Implement & Demonstrate Effective Anti Bribery Compliance in Emerging Markets - July 9, 9:00 am EST

European companies subject to FCPA jurisdiction or comparable European jurisdictions, and doing business in emerging markets such as the BRIC nations, face a rigorous compliance standard. Firms must have compliance processes...more

Court Remands Arbitration Award For Further Clarification Where Rationale Was Not Given

In a case involving a dispute over steel production to replace a portion of the Whitestone Bridge spanning New York City’s East River, a federal district court remanded an arbitration award back to the arbitrator. Under the...more

Pennsylvania Appeals Court Finds Public Owner Waived Written Change Order Requirement By Conduct

Coast Paving & Sealcoating, Inc. v. N. Allegheny Sch. Dist., 111 A.3d 220 (Pa. Commw. Mar. 6, 2015). - North Allegheny School District (“Owner”) hired East Coast Paving & Sealcoating, Inc. (“Contractor”) to pave...more

Construction Bonds and Subguard Insurance

In virtually all public projects (and in many private projects), the owner requires the general contractor to post a performance bond and a payment bond. Recently, in some cases, general contractors have obtained...more

President Peña Nieto Signs Anticorruption Reform Law in Mexico

Congress is required to enact secondary legislation to implement these reforms within one year. On May 27, Mexican President Enrique Peña Nieto signed into law constitutional reforms (the Reforms) designed to strengthen...more

Arizona State Legislature Expands Prompt Payment to Design Professionals on Public Works Projects

Arizona law has long protected the rights of contractors, subcontractors and suppliers to prompt payment. However, all such protections have not extended to design professionals. For example, in 2013, the Arizona Court of...more

MoFo Global Procurement Quarterly: Spring 2015

In This Issue: - Right to Modify? - International Brands May Trigger Cross-Border Interest in EU Tenders - Q&A with James Koukios - GSA Data Reporting - International IT Companies Face Continuing...more

Arizona Court of Appeals Interprets Stricter Requirements for Payment Bond Claimants

Arizona has long protected the rights of subcontractors and material suppliers to seek recovery from the payment bond surety on public bonded projects. Arizona’s Little Miller Act, A.R.S. § 34-223, provides that claimants...more

Construction Corner: Design-Bid-Build vs. Construction Manager at Risk Project Delivery Method

In a recent Construction Corner post, we discussed Design-Bid-Build (“DBB”) project delivery. In this post we will compare and contrast Design-Bid-Build and Construction Manager at Risk project delivery methods. As...more

Understanding The 4 “Ps” Before The P3 (Public-PRIVATE Partnership)

When Edmund G. “Pat” Brown, Sr. was the governor of California (1959 to 1967), major infrastructure projects were being constructed throughout the state. Today, under Governor Jerry Brown, communities are struggling to fund...more

What Happened In Oslo Shouldn’t Stay In Oslo

Last week I had the pleasure and honor of participating in the Oslo, 2015 Anti-Corruption Conference, at the invitation of Helge Kvamme, Partner, Investigations and Compliance, Selmer Law Firm, Norway, and a member of the...more

When the Federal Govt acts badly, but not badly enough to show bad faith – what’s a contractor to do?

In the prior issue of this newsletter, we included an article on the high standard of proof and the practical considerations for a federal government contractor claiming that the federal government acted in bad faith in its...more

Under Construction - June 2015

Letter from the Editor - Welcome to the summer edition of our Under Construction newsletter. In this issue, we highlight several hot topic items affecting the construction industry such as what happens when the...more

Regional Bank Agrees to Pay Over $200 Million for Alleged Violations of the False Claims Act

On June 1, a regional bank agreed to pay the United States $212.5 million to resolve allegations that it knowingly violated the False Claims Act by originating and underwriting FHA-insured mortgage loans that did not meet...more

Export Control Laws for the General Counsel

You are the chief legal officer of a U.S. company. Your CEO walks into your office and announces that your company is about to conclude its first international sale. In addition, the company has just appointed distributors in...more

Are You a Government Subcontractor?

Just because your company does not contract directly with the government does not necessarily mean you are not subject to the many requirements associated with government contractors. Those who provide goods and services to...more

Does the World Need Another Compliance Provider? – Part 1

Richard Bistrong was an International Sales Vice-President in the Defense Sector for most of his career, spending an average of 250 days per year overseas, and twice residing in the United Kingdom. In 2007, the US Department...more

Proposed FAR Amendments Create New Disclosure Obligations and Compliance Regime - The Complex Proposal Will Have High...

On May 28, 2015, the government proposed to amend the Federal Acquisition Regulation (FAR) to mandate disclosure by government prime and subcontractors of violations of 15 categories of worker protection laws. The Department...more

Are Public-Private Partnerships the Solution for CA’s Infrastructure Gap?

Public-private partnerships (P3s) are hot in an era of budget cutbacks and the need for alternative, innovative ways to repair and replace our aging public infrastructure. P3s can help bridge the infrastructure gap by using...more

[Webinar] Mexico: The Changing Landscape of Anti-Corruption - June 10, 11 EST

New laws, increased enforcement and broadened liability increase the urgency for companies working in Mexico to put processes in place to prevent corruption within their own organizations and among their business...more

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