Construction Law, Government Contracting

What's Next for Teaming Agreements After Cyberlock?

by Andrew Mishkin, Robert Prentice | Duane Morris LLP on 5/22/2013

A recent federal District Court decision holding a teaming agreement between two contractors unenforceable under Virginia law raises questions about the usefulness of these commonly employed agreements—and not just in...more

Contribution Between Insurance Carriers And The Duty To Defend

by Peter Bauman - Senior Associate at Tharpe &... on 5/21/2013

In St. Paul Mercury Insurance v. Mountain West Farm Bureau, 210 Cal. App. 4th 645 (10/25/12), the California Court of Appeal addressed the duty of an insurance carrier to defend a general contractor named as an additional...more

TxDOT Achieves Commercial Close on the $845 Million I-35E Managed Lanes Project

by Edmund Caplicki | Nossaman LLP on 5/20/2013

On May 17, 2013, the Texas Department of Transportation and AGL Constructors reached commercial close on the design-build and capital maintenance agreements for the I-35E Managed Lanes Project. AGL Constructors is a joint...more

Recent Insurance Coverage Decisions Of Note In California

by Peter Bauman - Senior Associate at Tharpe &... on 5/20/2013

California Courts handed down some interesting decisions re insurance coverage during the fourth quarter of 2012: St. Paul Mercury Insurance v. Mountain West Farm Bureau (10/25/12) In an equitable contribution action, an...more

Senate Includes Buy American Requirement in Water Resources Development Act of 2013: Provision Would Mandate Use of American Iron,...

by King & Spalding on 5/18/2013

The United States Senate passed the Water Resources Development Act of 2013 by an overwhelming 83-14 margin on May 15, 2013. The legislation included an amendment sponsored by Senators Jeff Merkley (D-OR) and Sherrod Brown...more

Victorian Government Reforms PPP Policy to Support Infrastructure Growth

by Catie Burdett, Kimberley Wilson | K&L Gates LLP on 5/16/2013

The Victorian State Government announced on 2 May 2013, significant reforms to its Public Private Partnership (PPP) policy to support infrastructure growth in Victoria (Policy). The Policy is aimed at encouraging private...more

Cuba Practice Update -- May 16, 2013

by Matthew Aho, Pedro Freyre, Augusto Maxwell | Akerman Senterfitt on 5/16/2013

Law to Punish Companies with Cuba Ties Struck Down - Last week, the 11th U.S. Circuit Court of Appeals in Miami declared unconstitutional a 2012 Florida law intended to prevent foreign companies with ties to Cuba — or...more

Contract Award for Riverside Extension of SR-91 Express Lanes

by Margo Bennett, Corey Boock | Nossaman LLP on 5/14/2013

On May 8th, 2013, the Riverside County Transportation Commission (RCTC) approved a $632 million dollar design-build contract for the SR-91 Corridor Improvement Project. The design-builder is a joint venture between Atkinson...more

Georgia's Illegal Immigration and Enforcement Act

by Ben Shapiro | Baker, Donelson, Bearman, Caldwell &... on 5/13/2013

On July 1, 2013, all employers with more than ten employees will be required participate in the U.S. Department of Homeland Security's E-Verify system in order to obtain a business license as part of the Illegal Immigration...more

Federal Construction Contractors Beware: OFCCP Wants You!

by Scott Kelly | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/13/2013

Even though the Office of Contract Compliance Programs (OFCCP) has not yet promulgated its promised revised construction contractor regulations, the agency sent the construction contracting community a clear enforcement...more

Colorado Construction Legislation Update

by Sherman & Howard L.L.C. on 5/13/2013

The 2013 Colorado Legislative Session ended on May 8, 2013. Although construction issues were not at the forefront, a few bills pertinent to the construction industry did appear and pass this Session. This advisory provides...more

New Laws in Virginia For The Construction and Development Industries

by Chandra Lantz on 5/9/2013

Virginia has several new laws coming on-line beginning July 1, 2013 that will impact the construction and development industries. Tighter restrictions on mechanic's liens, new eminent domain payment standards, transportation...more

The Engineering and Construction Contract (NEC3): A Comparative Analysis – Part 2

by Richard Ceeney, Lynne Freeman, Laura Riddeck, Vincent Rowan, Hayley Steel | Reed Smith on 5/8/2013

Introduction - In our last Alert, we assessed the philosophy of the NEC Engineering and Construction Contract (“NEC3”) against the FIDIC Conditions of Contract for EPC/Turnkey Projects (“FIDIC Silver”), with a view to...more

The “Keep Jobs In Colorado Act” Bad for Business, Bad for the State?

by Jared Berg | Sherman & Howard L.L.C. on 5/8/2013

A new law currently being debated in Colorado's legislature could expose companies working on public projects to civil penalties if their workforce does not consist of at least 80% Colorado labor. ...more

Prevailing Wages: Beware of Fee Waivers Even When They are Not Waived

by R. Michael Joyce | Allen Matkins Leck Gamble Mallory & Natsis... on 5/7/2013

In a surprising determination by the Department of Industrial Relations ("DIR"), a development was found to be a "public work" under Labor Code Section 1771 when a developer, in compliance with a fee ordinance, constructed...more

Legislative Alert: Illinois House of Representatives Passes HB 924

by Barbara Adams, Stewart Weiss | Holland & Knight LLP on 5/3/2013

On April 18, 2013, the Illinois House of Representatives passed House Bill 924 on a 60–50 vote. The bill amends the Illinois Prevailing Wage Act (820 ILCS 130/2) to require that all contractors and subcontractors bidding on...more

Sequestration and its Impact on the Construction Industry

by Elizabeth Cappiello | Ober|Kaler on 4/24/2013

Pursuant to the Budget Control Act of 2011, sequestration is the process by which automatic across-the-board spending cuts are being imposed on government programs. Because Congress was unable to reach an agreement by its...more

New Changes to the Late Payment of Commercial Debts (Interest) Act

by Paul Cowan, Anthony Lavers, Rebecca Shorter | White & Case LLP on 4/18/2013

On 16 March 2013, new regulations came into force in relation to the Late Payment of Commercial Debts (Interest) Act. Enacted to incorporate a recent EU Directive, these new regulations introduce a maximum payment...more

California High-Speed Rail Authority Announces Apparent Best Value Proposer

by Brian Papernik | Nossaman LLP on 4/17/2013

The California High-Speed Rail Authority recently announced that a joint venture composed of Tutor Perini, Zachry Construction and Parsons has provided the apparent best value proposal for the initial design-build...more

Government Contractor Exemption Bill Passes House

by Bruce Ely, David Pugh | Bradley Arant Boult Cummings LLP on 4/17/2013

On April 9, the House of Representatives passed HB 419 on a vote of 89-6. The bill, sponsored by Representative Paul DeMarco (R-Homewood) among others and championed by the Alabama Chapter of the Associated Builders &...more

Public Works Contractors Now Required to Use E-Verify System in Pennsylvania

by Valentine Brown | Duane Morris LLP on 4/9/2013

On January 1, the Public Works Employment Verification Act went into effect in Pennsylvania. Signed into law last July, the act requires all Pennsylvania public works contractors and subcontractors involved in projects of...more

Maryland Passes P3 Legislation

by Sharifa Anderson, Steve Park, Brian Walsh, David Winstead | Ballard Spahr LLP on 4/9/2013

Legislation encouraging the use of public-private partnerships (P3s) to address Maryland’s growing infrastructure needs has been passed by the General Assembly and signed into law by Governor O’Malley with bipartisan...more

New Federal And State Programs Will Boost Public-Private Partnership Development

by Albert E. Dotson, Jr., Eric Singer | Bilzin Sumberg Baena Price & Axelrod LLP on 4/8/2013

Last Friday, President Obama visited Miami and, speaking at the Port of Miami, detailed his proposals for increased public-infrastructure spending through public-private partnerships. Although the President envisions...more

Recognition for USA Infrastructure Continues to Grow on Global Stage

by Geoffrey Yarema | Nossaman LLP on 4/4/2013

As the 2013 award season heats up for 2012 successes around the world, the juries are increasingly finding the US market hard to ignore. Infrastructure Journal and PPP Bulletin International, the two London-based media...more

Al Dotson Is The Champion Of Public-Private Partnerships

by Albert E. Dotson, Jr. | Bilzin Sumberg Baena Price & Axelrod LLP on 3/29/2013

Originally Published in South Florida Business Journal, March 29, 2013. Albert E. Dotson Jr. is a partner with Bilzin Sumberg Baena Price & Axelrod and leads the law firm’s government relations and land development...more

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Construction Law › Government Contracting