Construction Law, Civil Procedure, Government Contracting

Under Construction - March 2013

by Jason Ebe, Brett W. Johnson, Scott C. Sandberg, James J. Sienicki, Mary-Christine ("M.C.") Sungaila | Snell & Wilmer L.L.P. on 3/16/2013

In This Issue: - Letter From the Editor - Tips for Presenting, Analyzing and Resolving Delay and Impact Claims - The Ever-Shrinking Federal Budget: Preparing for Contract Cut-Backs - Colorado Court of...more

Even After Work is Completed and Accepted by the Project Owner, Contractors Have an Ongoing Duty to Maintain Construction Site...

by Jonathan Allen | Snell & Wilmer L.L.P. on 1/17/2013

On November 21, 2012, the Colorado Court of Appeals issued a decision with potentially far-reaching implications. In Collard v. Vista Paving Corp., 2012 COA 208 (2012), the court concluded that contractors have a duty to warn...more

Off the Beaten Path: The Federal Circuit Departs From Precedent in Lumbermens

by Sedgwick LLP on 11/19/2012

On August 23, 2011, the Washington, D.C. metropolitan area was surprised and shocked by an earthquake with a magnitude of 5.8, leading to the evacuation and temporary closing of multiple public and private buildings, and...more

Connecticut Supreme Court Reaffirms State's Immunity from Statutes of Limitation

by McCarter & English, LLP on 11/8/2012

In a decision followed closely by the construction industry, Connecticut's Supreme Court has issued a unanimous decision confirming a long-standing rule that statutes of limitations do not run against the State. The...more

Equitable Estoppel Against Municipalities Restricted by Illinois Supreme Court

by Sedgwick LLP on 9/24/2012

The doctrine of equitable estoppel bars a party from denying a fact, or opposing a claim, based on that party's previous statements or conduct. As a general rule, depending on the circumstances, it can be based on either...more

Prevailing Wage Update: Charter City Public Works Projects Are Not Subject to Prevailing Wage Requirements

by Manatt, Phelps & Phillips, LLP on 7/9/2012

Charter cities are not required to comply with California’s prevailing wage law with respect to construction contracts for public buildings, according to a July 2, 2012, California Supreme Court decision. The underlying facts...more

California Supreme Court Rules that Prevailing Wage Laws Do Not Apply to Charter Cities

by Allen Matkins Leck Gamble Mallory & Natsis... on 7/9/2012

In a much anticipated decision, the California Supreme Court ruled on July 2, 2012, that charter cities in California may exempt themselves from state prevailing-wage requirements. In doing so, the Court affirmed the...more

Court Broadly Defines Subcontractors Who Qualify For Payment Bond Claims

by Sheppard Mullin Richter & Hampton LLP on 6/11/2012

Can a supplier of construction materials be considered a "subcontractor" for purposes of enforcing its claim on a public works payment bond? The answer is "yes" according to a recent decision of the California Court of...more

Choice Deprives Public Entity of Attorneys’ Fees on Stop Notice

by Farella Braun + Martel LLP on 3/19/2012

The California Court of Appeal clarified the law on a public entity’s right to recover attorneys’ fees in connection with its withholding of funds from a general contractor because of a stop notice filed by a subcontractor. ...more

Construction OberView: "Objection, Privilege": Protecting the Attorney-Client Relationship amidst the Shifting Sands of False...

by Ober|Kaler on 1/10/2012

“Men must turn square corners when they deal with the Government.” – Justice Oliver Wendell Holmes, Jr. With the Government’s prosecution of False Claims Act (“FCA”) and Contract Disputes Act (“CDA”) violations on the...more

2012 California Construction Law Update

by Farella Braun + Martel LLP on 12/20/2011

With the new year comes a host of changes to laws impacting the construction industry in California. Addressed below are some of the most important new laws to be aware of. Unless otherwise noted, all of these laws take...more

A Retreat From Hard Line OCI Decisions? The COFC Overturns A Controversial GAO Ruling

by Sheppard Mullin Richter & Hampton LLP on 8/6/2010

On July 16, 2010, the Court of Federal Claims (“COFC”) determined that a Government Accountability Office (“GAO”) bid protest recommendation that an awardee, Turner Construction Co. (“Turner”), be disqualified on the basis of...more

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Construction Law › Civil Procedure › Government Contracting